A SKETCH 



OF THE 



Life & Character 



OF 



John Fenwick, 

BY 
JOHN CLEISIENT. 



Published by the 




FRIENDS' HISTORICAL ASSOCIATION, . 

OF PHILAl.KLPHIA. i^/ ^ l^ A/U^ ^ut^ H^ 



PHILADELPHIA: 

Henry 8. Volkmar, Sticam-power Printer, 

30 & 32 South Seventh St. 

1875. 



A SKETCH 



OF THE 



Life & Character 



OF 



John Fenwick, 



BY 



JOHN feLElVIENT. 



Published by the 
FRIENDS' HISTORICAL ASSOCIATION, 

OF PHILADELPHIA. 




PHILADELPHIA : 

Henry S. Volkmar, Steam-power Printer, 

30 & 32 South Seventh St. 

.875. 



_,C"B* 



rr 



31 





LIFE AND CHARACTER 



OF 



JOHN FENWICK 



^Sr 



THE reader of history is naturally drawn towards 
a more intimate acquaintance with the j)ersons 
by whose acts such history originated, to be better 
informed in regard to the lives, characters and motives 
of such; and more familiar with the resources, the 
talents and the leading traits of those whose names 
cannot be separated from its inception and develop- 
ment. So much of interest is embodied, that the 
inquiring mind tends in that direction involuntarily, 
and every incident relating thereto is duly considered. 
The causes that originated the purpose intended are 
sought for, and the inquiry does not end until they 
be fully traced. Whether the object to be attained 
be disinterested or selfish; of personal aggrandizement 
or enlarged philanthropy; whether actuated by relig- 
ious zeal or military ambition, the first participants 
draw around them the thoughtful consideration 
of every student. The lapse of time adds to 
the obscurity of events that bear upon a subject 
sought to be understood, leaving many things im- 



possible of explanation however carefully examined. 
Wrong conclusions are too often arrived at for want 
of proper evidence, and errors allowed to creep in 
and be accepted, which in the light of truth would 
at once be swept away. If the motives that control 
the actions of men be not understood or appreciated 
by such as are contemporary with them, scarcely as 
much need be expected of those who are forced to 
draw their opinions from results only, and that after 
centuries have passed away. The heat of party con- 
troversy, the rivalry of ambitious persons, and, too 
often, the spirit of envious detraction, hides the real 
object of individuals, and leaves inquirers in doubt 
forever after. The history of the first settlement on 
the shores of the American continent under the 
j)atronage of the British government, although not 
very remote in point of time is not satisfactory nor 
free from doubt in many particulars. The religious 
and political agitations, then existing within the realm, 
increased the difficulty of reaching the truth, and 
'hence much is left to inference and speculation. 
Not to go beyond the Commonwealth, enough may 
be seen in the unsettled condition of Great Britain 
to convince, that every incident relating to religion 
or politics, bears a partisan hue, and cannot be seen 
in its proper light. The persistent endeavor of one 
party to get advantage of and destroy the other, left 
but little opportunity to strip their motives or actions 
of prejudice and arrive at a fair and dispassionate 
conclusion. 

During these excitements, and while this con- 
dition of things existed, John Fenwick was born 
and reared in their midst. The elements of strife 
were infused into his education and he regarded 



military success as tlie great pui-pose of lite. Tlic 
old feudal system as established by William the 
Conqueror had not passed away, but the light of 
education and free opinion was loosening its hold 
uj)on the people. The divine right of Kings was 
being questioned and the prerogatives of the Crown 
better defined. These were ste])S in the right direc- 
tion and ended in the overthrow of the Government. 
No man of any decision of character could remain 
neutral amidst these contests between the people and 
the King, and John Fenwick found himself on the 
popular side and in Cromwell's army. He was the 
second son of Sir William Fenwick, Baronet, who 
represented the county of Northumberland in the 
last Parliament under the Commonwealth (1()59), and 
one of four brothers, Edward, John, Roger and 
Ralph. In KHO Sir William had his residence at 
Stanton Hall, of Stanton Manor, in the parish of 
Horsely, Cumberland, and where he had considerable 
landed estate. The mother, Elizabeth, was perhaps 
of one of the border families, and brought to her 
husband additional pro])erty; increasing his wealth and 
influence. John was born, A. I). 1618, at Stanton 
Hall, but the day of the month is not known. In 
1(>36 he was styled Knight and Baronet, and five 
years after that time he married Elizabeth, daughter 
of Sir Walter Covei't, Knight of Slanghan, Sussex. 
This lady was mother of his children, and from her 
came the direct and ('ollateral bi-anchcs in New 
Jersey. The family was of Saxon origin and. formed 
a powerful clan in Xorthumberland. Their ancient 
fiistncss was in the fenny lands about Stamfordham 
a small town near the southern boundary of the 
shire before-named. 



6 

During the reign of Henry I (A. D. 1100 ) the 
head of the house was advanced by the King, and 
with various changes it was prominent in England 
for several centuries. In Burke's valuable work on 
the " Extinct and Dormant Baronetcies," reference 
is made to this name, with much reliable and in- 
teresting information. 

The clan was known as the fierce Fenwicks and 
the fearless Fenwicks. Their slogan or war cry was 
"A Fenwyke!"— "A Fenwyke!"— "A Fenwyke!"— 
The clan was the constant ally of the Percies; at- 
tended them on all occasions and known throughout 
the border as brave and faithful soldiers. The seat of 
the House of Percy was at Alnwick Castle, in North- 
innberland, one of the most ancient and formidable 
in that region. Of the family it has been said, 
"not more famous in arms than distinguished for 
its alliances, the House of Percy stands pre-eminent 
for the number and rank of the families which are 
represented by the present Duke of Northumberland, 
whose banner consequently exhibits an assemblage of 
nearly nine hundred armorial ensigns, among which 
are those of King Henry VII; of several younger 
branches of the blood royal of the Sovereign Houses 
of France, Castile, Leon and Scotland, and of the 
Ducal houses of Normandy and Brittany ; forming a 
galaxy of heraldic honors altogether unparalleled." 

The' Ducal seats include four castles, Alnwick, 
Warkworth, Kellder and Purdoe, in Northumberland, 
Stanwich and Warrington Parks, Lion House and 
Northumberland House. 

Sir Walter Scott, whose accuracy as an anti- 
quarian, was only excelled by his gifts as a poet 
and novelist, has Lady Heron to use in her song 



7 
before James IV, King of Scotland, these words: 

"O, young Lochinvar is come out of the West, 

Through all the wide border his steed was the best. 

And save his good broadsword, he weapons had none, 
He rode all unarmed, he rode all alone; 

So faithful in love and so dauntless in war 

There never was Knight like the young Lochinvar! 



"One touch to her hand and one word to her ear; 

When they reached the hall door and the charger stood near, 
So light to the croupe the fair lady he swung. 

So light to the saddle before her he sprung; 
' She is won ! we are gone over bank, bush and scaur ; 

They'll have fleet steeds that follow,' quoth young Lochinvar ! 

"There was mounting 'mong Graemes of Netherby Clan, 

Forsters, Fenxoicks and Musgraves, they rode and they ran ; 

There was racing and chasing on Cannobie Lea, 
But the lost bride of Netherby ne'er did they see ; 

So daring in love and so dauntless in war, 

Have ye e'er heard of gallant like young Lochinvar ! " 



The beauty and talent of Lady Heron infatuated 
the King, much to the scandal of the court. The 
defeat of his army and his own deatli at Flodden 
field has been imputed to his gallantries in that 
direction; a fertile subject for gossip and poetic effu- 
sion. The Tower of Fenwick at Widdington, in 
Northumberland, near the coast of the North Sea, 
shows its antiquity in its rude strength and scanty 



limite, similar to those built by the Saxon invaders 
(hiring the fifth and sixth centuries. This was prob- 
ably the first seat of the family after their coming- 
over and whence it may be traced through many of 
the shires in England. 

In the ninth year of the reign of Edward III 
(1334) an inquisition was had of New Castle Castle 
and Johannes Fenwick was twice appointed sheriff. 
During that time it was much enlarged and strength- 
ened, being an important point of protection and 
defence against the Scotch. In these warlike times 
this place had no commercial importance but has 
grown to be one of the largest jDorts in England. 

The enmities of former generations have passed 
away and what was once a necessary appendage to 
every town, is now visited by the curious to see the 
means of defence in a barbarous age. In the twelfth 
(3entury Sir Robet Fenwick, of Northumberland, 
endowed the Abbey of New Minster, in the same 
shire, with two parts of his villa of Irdington, in 
Cumberland, thus showing his liberality towards and 
his adherence to the Catholic Church. 

These endowments of lands, which at that day in 
many cases had but little value in themselves, as 
time progressed and the resources of the nation were 
developed, yielded large revenues to the Church and 
its adherents. By this means were the old edifices 
reared, combining beauty, grandeur and strength in a 
wonderful degree, showing that however rude and 
barbarous our ancestors may have been, they were 
skilled in every department of ornamental architec- 
ture. Well may the English nation be proud of 
the many ruins of towers, castles, abbeys and 
churches now standing within its borders which 



9 

even in their delapsed condition aie not excelled by 
modern art. 

;}: * * * ;(: * * ^ :): :): * ;|: 

"But thougli destroyed by devastation's baud 
By fury guided, or outrageous zeal ; 
Your ruins now, majestically grand, 

Bid solemn conteni})lation tbere to dwell." 

In the ninth year of King Henry VII (1517) 
Roger Fenwick, Esq., was appointed constable of the 
same castle, showing that through several centuries 
the family had not only remained in this place but 
was in favor with and had the confidence of the 
ruling monarchs. Although no continuous history of 
the family can be had, nor any complete genealogy 
secured, yet enough is gathered to show that talent, 
loyalty and courage were not wanting, and appre- 
ciated always by their sovereign. 

As time advanced this element was tempered by 
more peaceful pursuits, and the work of the soldier 
gave way to the duty of tl^ citizen. The nations 
emerged from war and found that peace develoi)ed 
industry, plenty and contentment among the people. 

"Time rolls bis ceaseless course. Tbe race of yore. 

Who danced our infancy upon tbeir knee. 
And told our marvelling boybood legends store, 

Of tbeir strange ventures bapp'd by land or sea, 
How are tbey blotted from tbe tbings tbat be! 

How few, all weak and witliered of tbeir force, 
Wait on tbe verge of daik eternity. 

Like stranded wrecks the tide returning hoarse, 
To sweep them from our sight! Time rolls bis ceaseless 
course." 



10 

Another century and the seeds of Revolution 
began to germinate. Tyranny and oppression eventu- 
ally produced a harvest of bloodshed, rapine and 
war. In this was involved the King, the nobility, 
the gentry, the Church and the people. Neutrality 
could not exist; all were drawn into a common 
vortex, and again the Fenwicks appear upon the 
surface. John Fenwick, the subject of this sketch, 
having passed through his law studies at Grays Inn, 
London, (1640) adandoned his profession for a 
season and accepted an appointment in the Parlia- 
mentary army. His first commission reads as follows: 

"You are hereby ordered and required as Major under Colonel 
Thomas Barwis in his regiment of cavalry which was raised in 
the county of Westmorland to assist the garrison of Carlisle, 
and to exercise the officers and soldiers under his command 
according to the discipline of war. And they are hereby re- 
quired to yield obediance unto you as Major of said regiment. 
And all this you are authorized unto, until the pleasure of the 
Parliament or the Lord General be known. 

Given under my hand and seal at Bernard Castle, 27th of 
October, 1648. 

O. CROMWELL. 
To John Fenwick, Major. These." 



In the same year lie was ordered by the Parlia- 
ment, with horse and dragon to relieve Holy Island 
Castle, in Durham It was besieged by the royal 
trooj^s and well nigh captured, when he appeared 
and defeated the enemy. He was an active and 
efficient officer, having the confidence of the Parlia- 
ment and the Protector. After the trial and sentence 
of the King, he was detailed as commander of 
cavalry, in conjunction with the foot troops under 



11 

Colonel Hacker, Colonel Hanks and Lieut. Colonel 
Phayor, to attend the execution. 
The order ran in this wise: — 

"These are therefore to will and require you to see the said 
sentence executed in the open streets before Whitehall, upon the 
morrow, being the thirtieth of this instant, month of January, 
between the hours of ten in the morning and five in the after- 
noon of the same day, with full effect. And these are to require 
all officers and soldiers and others the good people of this nation 
of England to be assisting unto you in this service. 

Given under our hands and seals, &c., &c." 

This warrant was signed by all the members who 
sat as Judges upon his trial, and the most of whom 
witnessed the carrying out the sentence. In the 
discharge of this important and delicate duty 
the most reliable officers and the best disciplined 
troops were selected, which placed John Fenwick 
among the first of these in the army about London 
at that time. 

The religious status of John Fenwick during this 
period is doubtful and contradictory. While he was 
with the army he became a convert to the opinions 
of George Fox, and by a certificate dated February 
11th, 1649, he is shown to have been a member of 
the Independents, a denomination of Christians more 
Presbyterian than Quakei'. Be that as it may he 
eventually adopted the i)rinciples and practices of 
Friends and adhered to them until his death. 

Many of the soldiers in the army of the Com- 
monwealth regarded praying and psalm-singing as 
consistent with carnal warfiire, and l)elieved that the 
sincere observance of the one, added force and i)rowess 
to the other. AuKjng the preliminarias to any 



12 

important military undertaking; religions exhortations 
was a leading featnre. Although the strictest disci- 
pline was enforced, yet the zealots in the army 
were allowed to proclaim their fanatical views and 
impress upon the soldiers that they were doing God's 
service. Subordination was complete; no duty was 
too onerous, and no service too dangerous. Whether 
Major Fenwick was a participant in these military 
devotions does not appear, but it is patent that he 
ranked among the best and enjoyed the confidence 
of those around him. No means are at hand to 
follow him through the Protectorate to the restoration 
of the old regime under Charles II (1660). It is 
probable he held some civil position under the 
government, for which his legal knowledge rendered 
him capable, but not of sufficient importance to 
make prominent his name. After the return of 
Charles, he doubtless accepted the Act of Indemnity 
and saved his person and estate from molestation. 

Tracing him to this time from an historical and 
genealogical standpoint, his career will now be 
considered in connection with the purchase of, re- 
moval to, and settlement in West New Jersey. It is 
proper here to sa}^ that his wife, Elizabeth, had 
deceased, leaving him three daughters, Elizabeth, 
Ann and Pricilla. He subsequently and before this 
period married Mary Burdett, a blood relation of his 
own, as they were cousins to Edward and Sir 
Francis Burdett. By this marriage there was no 
issue. The tradition connected with his paternity, 
and passed through so many generations, accepted 
by some and rejected by others, should be considered 
here. To say that he was not a half brother to 
Charles Second, King of England, would perhaps 



18 

be assuming too much, although nothing a})pears 
to prove the affirmative of this assertion. The 
galhmtries of the King were proverbial; hence the 
plausibility of the story and which by many come 
to be accepted as true. If, however, the royal blood 
colored his veins and infused into his character and 
disposition the idea of exclusiveness and authority, so 
palpable in man}^ of his acts during life, it came 
from the first and not the last of these monarchs. 
The chance of such a story being true is too appar- 
ent to be denied, but may be accounted for in this 
wise. The first son of Charles Second, not recognized 
by law, was James, Duke of Monmouth, beheaded 
1685, whose mother was Lucy Walters. James 
married Anne Scott, heiress of Buccleugh, whose 
second son, Henry, married Elizabeth Fenwick, thus 
connecting the family with the blood royal, but 
several removes from John. Nothino- short of a 
careful examination of the family genealogy in 
England will settle this point which, for the 
neglect, may always remain a mooted question. 
The surroundings of this romance give it an excus- 
able credence, particularly among those of the same 
line, and add much interest to the person who bore 
the blood to America. Save a legal distinction, 
the common father made him equal with Charles 
Second, and the descendants of John Fenwick's 
daughters are infused with the same blood as the 
descendants of the recognized royal son, when in thc^ 
same degree removed. For the novelist here is a 
fertile field, and where may be indulged, within the 
verge of truth, some of the loftiest flights of imagina- 
tion. The whole life of the founder of Fenwick 
Colony is prolific with material, which if clothed in 



14 

the beauties of romance would be at once interesting 
and attractive. 

Before referring to the several transfers of the 
territory in America called New Caesarea, there 
is manifest propriety in saying something of 
the persons and their history interested therein. 
John Lord Berkley and Sir George Carteret were 
two of the persons who followed the second Charles 
of England into exile after the death of his father 
and during the Commonwealth. They adhered to 
his fortunes and remained faithful to his person. 
His adversities did not weaken their friendship nor 
the dangers that surrounded him induce them to 
forsake his cause. Such attachments could not be 
disregarded and these persons among others became 
the recipients of his favor. In the Charter of 
Charles II (March 24th, 1663), to convey the soil 
and government of territory in America called Carolina, 
Berkley and Carteret were among the grantees, and 
in the words of the Charter "being excited with a 
laudable and pious zeal for the propagation of the 
gospel, begged a certain country in the parts of 
America not yet cultivated and planted, and only 
inhabited by some barbarous people who have no 
knowledge of God," the purpose of the grantees are 
thus shown. How far the expressed intentions of 
these men were carried out, or with what laudable 
and pious zeal they furthered their speculations, must 
be sought for in the history of those states and need 
not be enlarged upon here. 

The next year after this charter the Duke of 
York conveyed to John Lord Berkley and Sir 
George Carteret (June 24th, 1664) a certain tract 
of land in America "hereafter to be called New 



15 

Caesarea, or New Jersey," done no donbt by request 
of the King and through his influence with his 
brother. The standing of these gentlemen before the 
public and in the responsible positions they held, if 
history be true, was certainly very questionable, for 
the reasons hereafter stated. The first held an 
honorable place at court near the person of the 
King, but was detected in the basest corruptions and 
forced to resign his office. His intercourse with the 
Duke of York was also interrupted by similar trans- 
actions and disgrace followed their exposure. The 
second was expelled from the House of Commons 
as a participant in legislative bribery and other 
dishonest practices; both were notorious for the pecu- 
lations and breaches of faith wherever connected 
with the operations of the government. Although 
these persons deserved other and severer punishment, 
yet Berkley was made Baron of Stratton in 1658, 
aj)pointed Lord Lieutenant of Ireland in 1670, 
and Ambassador to France in 1674. Carteret was 
appointed Treasurer of Ireland and continued in that 
position by the King while charged with the most 
disgraceful abuse of office. Public opinion could not 
influence his Majesty against them, no matter how 
palpable the proof, for the reason that they had been 
faithful to him when it was beyond his i)Ower even 
to remunerate them for services already rendered. 
However commendable such sentiments may be in 
private life they will receive condemnation when 
indulged in to the injury of the government. 

At the time of the restoration John Fenwick liad 
fully adopted the opinions and })ractices of George 
Fox and suffered much in jierson and estate therefor. 
In 1666 he was taken from a meeting of Friends, 



16 

in Buckingham shire, and confined in the common 
jail. 

From some of the ancient records of cruelty to 
the Quakers the following extract has been made: 

"Bucknel, (Berkshire), 17th of the Fifth month, 1670, Friends 
being according- to their usual manner met together at John 
Dragg's house, tliere came in 'William West, informer, and 
Robert Dawlius, informer, and another assistant. One of them 
said to the other, here is none that speaks, let us go our way ; 
and so they went forth ; in a little time went into the meeting 
again and the informer said, we had best take their names, and 
plucked out of his pocket some small pears and threw them 
down and said, here is pears; if boys were here they would 
scramble for them, and laughed. So they took Friends' names 
and went and informed Edward Sawyer, Knight and Justice (so 
called), who gave forth a warrant to distrain Friends' goods, 
although he confessed there was no speaking or praying proved ; 
and James Gatts, constable of Binfield, assisted with two more, 
Aveut to John Fenwick's and demanded of him five shillings for 
being at said meeting, and John Fenwick refused to pay; and 
they went away, and two days after the said constable, assisted 
with John Beldam, churcli warden, and Hugh Taylor, Tything- 
man, came again to John Fenwick's house and climbed over his 
gate and endeavored to force the best horse John had over the 
hedge out of his ground, and Mick Todd, Tythingmau and our 
servant, a cobbler, stood ready to liave it away, but being dis- 
covered and ashamed, the constable went into John's stable and 
took a pair of harness, worth eleven shillings, for five shillings, 
and so like thieves they went back over his gate again greatly 
rejoicing in what they had done." 

Like many others of his religious belief he j)ub- 
lished in pamphlet form several answers to others 
against their doctrines and manner of worship, none 
of which, however, have been 23reserved to the 
present. No denomination of Christians, perhaps, at 
that day put so much printed matter before the 



17 

public in defence and vindication of their peculiar 
views as Friends. Joseph Smith, of London, has, 
after many years of labor, collected, arranged and 
})ublished a large majority of the titles to these, and 
as far as possible discovered and given the authors' 
names. 

March 18tli, 1(373, John Lord Berkley conveyed 
to John Fenwick his undivided moiety of New 
Ciesarea, or New Jersey, for the sum of one thou- 
sand pounds sterling and a royalty of forty beaver 
skins annually. This grant had upon its surface the 
appearance of good faith and that of a bona fide 
transaction, yet it was scarcely executed before its 
intention was suspected and its validity endangered. 
Edward Byllynge, a friend and associate of the 
grantee, at once became an important and conspicuous 
personage in these transactions to the exposure and 
defeat of plans well matured, and doubtless to his 
chagrin and discomfiture. He was born in 1628, a 
resident of Westminster, London, where he carried 
on the business of Brewer. In the latter years of 
his life he lived in the parish of kSt. Buttolph, 
Aldgate, part of the same city, and died the sixteenth 
of the Eleventh month, 108(). He served as an 
officer in the army of the Commonwealth, and while 
at Leith, in Scotland, was convinced of the correct- 
ness of the doctrines of George Fox, by his 
l)reachiug. He had been living apart from his wife 
but was induced to receive her again and they after- 
wards lived happily together. He published several 
pamphlets in behalf of Friends, between Kif)!) and 
\i\('h), all of which were printed in London. In 
1G84, witli others, he was tried at (niildhall, London, 
for attending a meeting at White Hart Court and 



18 

creating a riot, &c. He was found guilty, and fined 
four nobles, which he refused to pay, and in that 
default was sent to Newgate Prison for three weeks. 
He became involved in his financial affairs and to 
avoid the payment of his debts procured the above- 
named conveyance to be made to John Fenwick, the 
purchase being with funds furnished by himself. 
The number of his creditors and the amount of his 
debts lead to close inquiry in regard to his estate^ 
and it was discovered that he was interested in this 
transaction, designed to defraud them in their just 
demands. The position in which Fenwick and 
Byllynge found themselves was not an enviable one 
and soon brought about much bitter controversy. 
These criminations were not only made between 
Byllynge and his creditors, but Fenwick and he 
quarrelled as to the interest of each in the estate 
conveyed. Much notoriety was given to it, but all 
parties being Friends the contest was kept within 
control of the society and settled according to the 
rules of the same. John Fenwick was then a resi- 
dent of Bynfield, in Berkshire, a small town near 
Windsor Castle and about thirty miles from the city 
of London. It is possible he had returned to his 
profession and was the legal adviser of Byllynge in 
the disposition of his estate to avoid the payment of 
his debts. 

In this originated with John Fenwick the idea 
of planting a colony in America; of becoming the 
head of a great enterprise, and gratifying his 
ambition. Here was the conception and here it was 
made to germinate and develope its attractions. How 
tenaciously this idea was adhered to, and what was 
accomplished, have long since become matters of 



19 

liistory. As a means of adjusting the existing diffi- 
culty AVilliam Penn was chosen as arbitrator and 
discharged the duty faithfully to all concerned. 

The creditors of Byllynge may be divided under 
two heads: the Yorkshire and the London creditors, 
and whose demands amounted to one thousand five 
hundred pounds sterling. No means were apparent 
to them of obtaining satisfaction unless William 
Penn was convinced that Byllynge's money was 
involved and which they claimed should be awarded 
to satisfy their demand. John Fenwick in his 
response denied the whole charge and demanded that 
the deed should not be questioned; giving to him 
an absolute title to the territory conveyed. Byllynge 
at last admitted the truth of his creditors' assertions, 
which made the disjiute more easy of solution, and 
put an end to the several questions involved. The 
decision was that Fenwick did not really own more 
than one-tenth of the whole, and that the balance 
should be used to pay Byllynge's debts. By this 
Fenwick was sadly chafed, as it not only exposed 
his bad advice in the plot but that he was a party 
to Byllynge's dishonesty and at first refused to abide 
the award. He wrote several ill-natured letters to 
William Penn which were responded to, liowever, in 
a calm and dispassionate manner. Two of them are 
here copied: 

"John Fenwick: — The iircsent difference betwixt thee and 
Edward Billiuge fills the hearts of Friend.s with grief, and with 
a resolution to take it, in two days, into their con-sideration to 
make a public denial of tlic |)ersou that ofiers violence to the 
award made, or tliat will not end it without bringing it upon 
the public .<tage. God the righteous judge will viijit him that 
stands off. Edward Bi Hinge will refer the matter to us again; if 



20 

thou wilt do the like, send me word, and oppressed as I am with 
business I will find an afternoon to-morrow or next day to 
determine and so prevent the mischief that will certainly follow 
divulging it in Westminster Hall. Let me know by the bearer 
thy mind. O John! let truth and the honor of this day prevail. 
Woe to him that causeth offences! I am an impartial man. 

WILLIAM PENN." 



Still Fenwick stood off and insisted that improper 
motives had actuated the arbitrator in the award, 
and Penn addressed him a second letter in these 
words : 



"John Fenwick: — I have upon serious consideration of the 
present difference (to end it with benefit to you both, and as 
much quiet as may be) thought my council's opinion very reason- 
able — indeed thy own desire to have the eight parts added was 
not so pleasant to the other party that it should now be shrunk 
from by thee as injurious — and when thou hast once thought a 
proposal reasonable and given power to another to fix it, 'tis 
not in thy power, nor indeed a discreet or civil thing, to alter 
or warp from it and call it a being forced. O John! I am 
sorry that a toy, a trifle, should thus rob men of their time, 
quiet and more profitable employ. 

I have had a good conscience in what I have done in this 
affair, and if thou re})osest confidence in me and believest me 
to be a good and just man, as thou hast said, thou shouldst not 
be upon such nicety and uncertainty. Away with vain fancies, 
I beseech thee, and fall closely to thy business. Thy days speed 
on, and make the best of what thou hast. Thy grandchildren 
may be in the other world before the land thou hast allotted 
will be employed. My council, I will answer for it, shall do 
thee all right and service in the affair that becomes him, who, 
I told thee at first, should draw it up as for myself. If this 
cannot scatter thy fears thou art unhappy, and I am sorry. 

Thy friend, 

WILLIAM PENN." 



21 

At last, however, he yielded to the better counsel 
of that great man and accepted the award, but never 
changed his mind as to its injustice to himself. The 
last recorded act of his life shows that he bore the 
same sentiments to the end of his days, as in the 
preface to his will he used these words: — 



"I, Johu Feuwic'k, late of Binfield, iu the Cuunty of Berks, 
within the kingdom of England, Esq., late absolute lord and 
chief proprietor, by law and survivorship, of the Province of 
New Caesarea, or New Jersey, and now of Fenwick Colony, 
who dt)th hereby, as he hath in the hazarding of my life, appeal 
to the Almighty God, and doe now appeal to him who is my 
witness, that I never cheated any man nor went about to cheat, 
circumvent nor defraud Edward Byllynge. But he, Gauen 
Laurie, and others his creditors, and others his faccon, hath 
most covetously and most un-x-tianly. dealt with me as I have 
often declared, and particularly in my just claims and remon- 
strance. Whom I doe freely forgive and heartily desire God, the 
searcher of all hearts, to make them sensible of it," &c., &c. 



The deed from Fenwifk and Byllynge (February 
9th, 1674) to William Penn, Gauen Laurie and 
Nicholas Lucas, put an end to the trouble and 
restored peace and tranquillity between Byllynge and 
those to whom he was indebted. This was for the 
whole moiety of New Jersey, reserving only to 
Fenwick ten parts which were described by numbers; 
the whole being divided into one hundred lots. The 
reservation was simply a memorandum on the back 
of the deed; setting out, that one hundred lots had 
been made, to be supposed on a map of the teri-itory 
in question, and that one hundnnl pieces of pa})er 



22 

had been placed in a box, resioectively numbered, of 
which John Fenwick drew out ten, numbered as 
below set forth. Whether the Trustees ventured in 
the lottery does not appear, in fact nothing is know^n 
of the manner of selection excej^t what can be 
gathered from the memorandum which reads as 
follows : — 



"Memorandum: — That the seventh of the Third month, one 
thousand six hundred seventy and five, John Fenwick drew the 
following numbers, viz:— 20, 21, 26, 27, 36, 47, 50, 57, 63, 72, 
as his proportion of the one moyetie of New Caesarea, or Jersey, 
being divided into one hundred lotts, and that he had accepted 
of the same, and the Trustees I'or the other lotts well satisfied 
therein. In testimony of which they have interchangeably set 
their hands." 

Witness: Signed thus: 

Robert Squibb, Jr., 

William Roydon. WILLIAM PENN, 

GAUEN LAURIE, 
JOHN FENWICK. 



This selection, it will be remembered, was made 
before John Fenwick had left England and controlled 
him in the selection of the part of the territory he 
would place his colony, and it is supposable, also, that 
the lots adjoined each other although the numbers 
were not consecutive. Some mystery has always sur- 
rounded this j)art of the settlement between Fenwick 
and Byllynge, and as no map of the divided lots 
appears on record it may never be explained. It 
can only be conjectured, however, that Oldman's 



23 

Creek, or Berkley River, was the most northerly 
boundary and that the lots extended down; fronting 
on the Delaware River, perhaps, to West Creek. 
The peculiarity about the whole transaction is that 
this appears to be the only title Fenwick obtained 
and under which all subsequent conveyances were 
made, without any question of deficiency touching 
the same. No discouragements seem to have deterred 
him from going forward with his enterprise and he 
soon found responsible persons sufficient to join him 
and make a colony. He published an address which 
was widely circulated and attracted the attention not 
only of the public but of the society of which he 
was a member. It read in this wise: — 



"An Address. Friends: — These are to satisfy you or any 
other who are sober and are any wise minded to go ah)ng with 
me and plant within my colony, that we shall no doubt find 
but that New Caesarea, or New Jersey, w'hich is the place 
which I did purchase, together with the government thereof, is 
a healthy, pleasant and plentiful country, according to the re- 
port of many honest Friends and others, who have been there, 
and the character given thereof, by John Ogilby, in his America, 
which I herewith send. The method I intend for the planting 
of all or so much thereof as I shall reserve to myself, my heirs 
and assigns forever," &c., &c. 



John Ogilby's History of America was printed by 
himself in London, in 1671, and, as he says, "for 
sale at my Ikjusc in Wliite Fryers," &c., &c. It is 
a ponderous folio volume of nearly seven hundred 
pages, illustrated after the style of the times, and 



24 

rather florid in its descriptions of the subjects therein 
considered. If half the promises could have been 
realized, the only wonder is that the people did 
not transport themselves to America and leave 
England without an inhabitant. The "Address" 
bears date the First month 8th, 1675, and was 
condemned by Friends as much for its endorsement 
of John Ogilby's book and its flattering promises, as 
for any questionable inducements in itself contained. 
They issued "a testimony" warning the too credulous 
and showing the possibility of its being a scheme to 
•sell the land rather than benefit the purchaser. The 
inducements held out, it was supposed, could not 
exist, and those who became parties to the enterprise 
must eventually suffer. It was a step in the wrong 
direction, for it gave notoriety to the scheme; gave 
the projector an opj^ortunity to reply and enlarge 
upon the advantage to be derived; induced many to 
inquire further; and ended in a decided advantage to 
Fen wick. The "method" referred to is laid down in 
the two agreements or form of government adopted 
by the adventurers, dated the 24th and 28th of June, 
1()75, which was a representative democracy, pure 
and simple. It was unexceptionable, and undoubtedly 
was one of the attractions, as it placed all upon an 
even political basis, so different from the government 
under which they were then living. 

Another difiiculty however now rose up equally as 
troublesome as that with Byllynge. With an eye 
single to the success of his project, and regarding 
every thing secondary thereto, he had neglected to 
pay his butcher, baker, tradesman and shopkeeper. 
Knowing that he was about to leave the country, the 
time had come for the discharge or the security of 



25 

these debts, and no further delay was to be indulged 
in. He was indebted to 



Mary Ashfield 

Philip Ward, 

f"(lniuiul Burdett, Linen Draper, 
John Fleming, of the Chancery, . 

Peter Evans, 

Ahraham ^Marriott, Mealman in Clothfary, 

John Boult, at the Indian Crown, . 

The Wine Cooper in Bartholeniew Close, 

Thomas Dove, in Bedford Perry Chandle, 

John Dredge, of Bracknell in Berks, . 

John Smith, ..... 

Daniel Quare, in St. Martins, 

James Brack, of Westminster, Vinta, 

Thoma."^ Bennett, of St. Martins, Wool Draper, 

Margaret Goldsmith, 

Thomas Bank, Attorney at Law, 

.lohn Ever, ..... 

Joseph Ellis, Salesman, 

The Sadler in St. ]Martins, 

John Budd, of St. Martins, . 

Jos. Boneton, Gohlsmith, 

Jiihii Osgood, .... 

Samuel Newton, .... 

The Cooper, for Caiks, . 

John Gramen, for Meal and Biskett, 

Peter Pool, 



Elizabeth Hubbs, Widow, of St. Martins 
To the Fishmonger in Crooked Lane, 
Thomas Biddle, Shoemaker, 
.John Due, for Work, 



£ 


s. 


d. 


17 






15 


16 





18 


13 


11 


10 








8 








4 


15 


6 


4 


13 








18 


2 





18 





7 








3 








3 


5 





1 


2 





6 


18 


7 


4 


11 


11 


8 


10 





2 


IG 


10 


2 


1 





4 


15 


8 


2 


10 





3 


10 





2 


10 


10 


4 











4 





9 


3 








16 





1 











19 








17 





1 


2 






No way of escape presented itself Iiiiprisoii- 
ment for debt stared him in tlie fare, a coiKlitidii <>f 
tilings that would delay if" not ilctr;it liis purpose. 



26 

Two friends of his, however, came forward and re- 
leased him from the immediate embarrassment, but 
who in the end proved a source of much trouble to 
him as well as many others associated with him. 
John Edridge, of Shadwell, Middlesex, tanner, and 
Edmund Warner, citizen, and poulterer, of London, 
not only assumed the payment of the foregoing debts 
but advanced money to assist him, which doubtless 
he much needed. July 17th, 1675, they accepted a 
deed, in the nature of a mortgage, for the ten parts 
to secure the payment of one hundred and ten 
pounds, fifteen shillings, advanced themselves, and the 
discretionary discharge of the debts before-named. 
Bv this deed they had the right to sell and convey 
land in the ten parts, accounting to the grantor of 
their deed for the purchase money and crediting the 
same on account of their demand. They assumed 
to pay some of Fenwick's creditors, named in the 
schedule attached to the mortgage, always accounting 
for moneys received from land sold and paid to 
persons so by them favored. In this conveyance 
was an excejrtion of all the land previously sold by 
the grantor, which by the record proves to have 
been many tliousand acres. 

In 1674 he sold William Malster, 5,000 acres; John 
Adams (his son-in-law), 2,000 acres; and William 
Hughes, 500 acres. In April, 1675, he sold Edward 
Wade, 1,000 acres; John Ashfield, 10,000 acres; 
John Bingham, 1,000 acres; Arthur Bowyer, 500 
acres; Thomas Hutchinson, 2,000 acres; John Smith, 
1,000 acres; William Hancock, 1,000 acres. In May 
of the same year he sold John Edridge, 10,000 
acres; Thomas Beakes, 2,000 acres; John Maddocks, 
1,000 acres; Thomas Anderson, 1,000 acres; Edward 



27 

Bradway, 1,000 acres; Eiehard Hancock, 500 acres; 
Peter HiifF, 500 acres; Richard Noble, 2,000 acres; 
Samuel Land, 500 acres; John Cann, 500 acres; 
John Townsend, 1,000 acres; John Pledger, 3,000 
acres; Hi})olitt Lefever, o,000 acres; Christopher 
White, 1,000 acres; and Richard Guy, 10,000 acres. 
In June of the same year he sold Edward Bowne, 
20,000 acres; Edmund Warner, 10,000 acres; Richard 
Rickston, 4,000 acres; Edward Champneys, 2,000 
acres; Thomas Man waring, 10,000 acres; John 
Nichols, 2,000 acres; Edward Duke, 0,000 acres; 
Samuel Nicholson, 500 acres; Jos. Nettleshipp, 2,000 
acres; Thomas Pile, 10,000 acres; Nessimus Nettle- 
shipp, 2,000 acres; Thomas Clarke 1,000 acres; John 
Backstead, 5,000 acres; Edward Gray, 1,000 acres; 
Roger Hutchins, 500 acres; Elizabeth Smith, 500 
acres; Robert Wade, 500 acres; Joseph Helmsley, 
1,000 acres; Joan Harding (widow), 1,000 acres; 
Edward Harding, 2,000 acres; John Cassimir, 1,000 
acres; John Flemyng, 2,000 acres; and John Hard- 
ing, 2,000 acres. In July of the same year (and 
before the execution of the mortgage) he sold Henry 
Salter, 10,000 acres; and James Wasse, 5,000 acres. 
It is possible other deeds were made but not 
entered upon the registry in London, where by 
agreement one wa.s established. A double purpose 
was accomplished by these sales, of providing the 
Patroon with additional funds and of securing the 
influence of others in liis favor. Tbe selection, 
locating and surveying were to be done accoiding to 
rules adopted by the adventurers, and \vlii<Ii upon 
the arrival of the colony within tlie limits of the 
ten lots wa'^, on the ]»art of John Fcnwick, cai-iie*! 
out in trood faith. Amono- the juanv ti'ials and 



28 



grievances the peoj^le passed through, no complaint 
appears against the chief proprietor in this regard. 

In anticipation of this, an agreement was prej)ared 
and signed by Fenwick and many of the purchasers, 
dated June 24th, 1675, which reads as follows: — 



This Indenture Witnesseth, that we whose hands and 
seals are to this writing indented, subscribed and set, purchasers, 
proprietors, ffreeholders, adventurers and planters in Ffenwick's 
Colony in New Caesarea, or New Jersey, in America, do 
severally and jointly covenant, grant and agree, each of and 
for him and herself and for his and her several heirs, executors 
and administrators, to and with each other his heirs and 
assigns by these presents : That the register, or entry of our 
respective deeds of purchase of land within the said colony now 
already registered, or to be registered, and also the register of 
the lands hereafter to be set out to the adventurer and planter 
within the said colony, shall be accepted, reputed and taken, 
and is hereby declared to be as good and efficient in the law 
to all intents and purposes as if the perspective purchaser, pro- 
prietor ifreeholder, adventurer or planter wae in the actual or 
present possession of the same, any law, custom or usage to the 
contrary thereof notwithstanding. And also that every respective 
purchaser, proprietor, fFreeholder, adventurer and planter within 
said colony, shall from time to time and at all times hereafter, 
according to his or her land purchased and alsoe to be allotted 
or allowed to him or her by reason of transportation of him or 
herself or servants into the said colony, be satisfied or contented 
with his or her descriptive lott or lotts, as the same shall fall 
or be sett out in Ffenwick's Colony; lotts numbered twenty, 
twenty-one, twenty-six twenty -seaven, thirty-six, fforty-seaveu, 
fiifty, ffifty -seaven, sixty-three and seventy-two, or in every or 
any of them, and in such manner, order and method as the 
general surveyor, by and with the consent and approbation of the 
said ])urchasers, proprietors, fireeholders, adventurers and planters, 
or assignes resident within the said colony, or the major part 
of them shall thinke fitt and approve of to be most just and 
equal. Provided always, that if any of the aforesaid purchasers, 



29 

proprietors, ffreeholders, tidventurers, plauterj^, tlcir or any or 
either of their assigns, shall dislike, or make any disturbance 
concerning his or their lott or lotts of land, soe to be allotted 
and set forth as aftresaid; that then and from theucefortli, 
every or any such person or i)ersons soe dislikeing or making- 
disturbance as aforesaid, shall be excluded and exempted from 
any benefitt of such claime or claimes to any the said lands 
within the said colony, untill such time the said person or 
persons soe disliking and making disturbance as aforesaid, shall 
sufficiently signify and show such the justness and reason of 
their dislike or disturbance to such purchasers, proprietors, 
ffreeholdei-s, adventurers and planters, or the major part of 
them, as from time to time shall be chosen and appointed by 
the major vote of the said purchasers, proprietors, ffreeholders, 
adventurers and planters, or their assignes, for the regulating, 
settling and confirming of the same unto him, or her, or them, 
as aforesaid. 

In Witness Whereof, we have hereunto set our hands and 
seals to two parts of these presents, being both of one tenor, the 
four and twentieth day of the Fourth month, called June, 
one thousand six hundred seventy and five, and in the seaven 
and twentieth year of the raigne of Charles the Second, king of 
England, Scotland, France and Ireland. 

Signed thus, and sealed. 
John Fenwick, Edward Bradway, 

John Edkidge, Thomas Anderson, 

Edward Duke, John Spoone'r, 

Edw. Wade, Edward Champneys, 

Joshua Barkstead, Richard Rickston, 

Roger Pederick, William Hancock, 

Richard Morgan, John Barkstead, 

William Hughes, ^ William Shippee, 

Thomas Maxwaring, John Smith, 

Edmund Warner, Joseph Helmsley, 

Richard Noble, Thomas PIutchinson, 

Roger Lukkings, by F. H. 

John Maddock, 

Four clays after, another pa])ei- was signetl by 
Fenwick and others, embodying more fully the 



30 

design of the enterprise, and setting out the 
"methods" of government to be used, as hinted in 
the address of Fen wick to the people. 

The elements of political equality were so palpable 
in this, and so at variance with the system of gov- 
ernment under which they lived, that many were 
23leased with the scheme and soon followed in the 
wake of the little company across the ocean. The 
original manuscript was carried over with them 
and is now in good preservation in the office of the 
Secretary of State, at Trenton, with the sign-manual 
of each written thereon. In this were the seeds 
of Civil and Religious liberty — however crude and 
undeveloped — brought to the shores of America; 
gradually to take root and spread throughout the 
land. It is a forcible and well expressed document 
and deserves a faithful perusal. The style and 
phraseology is peculiar to the times, but not the less 
plain or to the point. It is here given in full: — 



Whereas, Charles the Second, king of England, Scotland, 
&c., did by his grant under the great seale of England bearing 
date the twelfth day of March, one thousand six hundred sixty 
and four, unto his royal highness James, Duke of York, his 
heirs and assigns forever. All that maiue land with severall 
islands near New EngUmd, called New Caesarea, or New Jersey, 
in America, as in and by the same grant upon record may 
appear And whereas, his said royal highness James, Duke of 
York, by lease and release, dated the twenty-fourth day of June, 
in the sixteenth year of the king's raigne that now is, did grant 
and confirm all and singular the lands and premises aforesaid 
unto John Lord Berkley, Baron of Stratton, (one of his majestie's 
most honorable privy council) and Sir George Carterett, knight 
and Baronett, their heirs and assigns forever, as by the same 
may alsoe appear. 



31 

And Whereas, also the said Johu Lord liorkley, the eigli- 
toentli day of March, one thousand six luiiidred seventy and 
three, did urant, bargaine and sell all his moyetie or halfe part 
of the said lands and premises unto John Fenwiek, late of 
Binfield, in the County of Berks, Esquire, his heirs and assigns 
forever, as by the record thereof in the Court of Chancery 
may ai)pear. 

Now KNOW YE, that John Fenwiek hath for divers causes 
and considerations, granted, bargained and sold unto William 
Penn, Gauen Laurie and Nicholas Lucas, ninety parts ovit of 
one hundred parts of the said raoyety, reserving to himself other 
ten parts, out of which ten parts so possessed, the said John 
Fenwiek hath granted, bargained and sold sundry parcells of 
laud to severall persons, as by their particular deeds, registered 
ill a register to that purpose appointed doth appear, which ten 
parts of the one hundred parts of land soe reserved, he stands 
engaged to all purchasers, first to purchase said lands of the 
natives, then to sett forth thirty or forty thousand acres of land 
to be allotted among the proprietors and freeholders of the said 
colony; and the return of every such survey to be registered by 
certificate from the surveyor and othere ye said proprietors and 
freeholders which shall be chosen to approve of the allotments. 
And each lot to be marked with the letters of each person's 
name and numbered according as they are allotted, and each 
lot soe marked with his, her or their names, and numbered 
according as divided, shall be taken for a good and sufficient 
title to every such person or persons, any law, statue or custoni 
to the contrary thereof notwithstanding. 

Provided always, that the said several proprietors, purchasers, 
flfreeholders and planters shall at all times hereafter upon such 
and such divisions of the said lauds purchased, bee at an equal 
and proportionable charge and share for the surveying and 
setting forth of the severall and respective parts or lotts accord- 
ing to the rate hereafter to be mentioned. 

And it is Covenanted, agreed and consented to by all and 
singular the_. parties to these presents subscribed, that if any 
person or persons shall remove, take away and cut downe any 
such mark or marks, and there be any disturl)ancc about such 
lott or lotts to be sett out or allotted shall arise, <ach person oi- 
persons shall be excluded from all claime or claimcs as he or 



32 

they by deed or otherwise shall or may make. That the 
governor and magistrates shall be chosen by the advice and 
consent of ye said proprietors and ffreeholders every year, and 
ten or twelve persons to be elected as aforesaid, to be a councell 
to remain one year, and then the one-halfe of them to be put 
out and soe many more chosen in their places and soe from 
time to time after a yeare service to make a new election of a 
governor and halfe of the councell, or a continuance of him or 
them as shall be most convenient, who shall have full power 
to make such laws and customs for the good of the colony and 
suppression of vice, as to them shall seeme most necessary and 
convenient. 

And it is further Covenanted, agreed and consented to 
by all and singular the parties to these presents, that all persons 
that are now or hereafter shall be purchasers of any part of the 
lands in the colony aforesaid, shall from time to time cause 
their deed or deeds of the lands soe purchased, if in England, 
to be registered in the public register of said colony, to be kept 
in London, within three months after the date of their deeds of 
purchase, and shall alsoe send over a copy thereof, certified 
under the hands and seales of the said register, and such person 
or persons as shall be appointed for keeping thereof, to be regis- 
tered in the register kept in the said colony, within twelve 
months after the date thereof; and if the said purchase be made 
upon the said colony, then the said deeds to be registered in 
the public register of the said colony, within three months 
after the date thereof, and a copy certified under the hands 
and seals of such person or persons as shall be chosen there by 
public consent of ye said proprietors and ffreeholders, thereto 
keep the same to be sent to London to be there registered 
within twelve months after the respective dates thereof. And 
that all deeds of purchase not so registered as aforesaid shall be 
of none effect and virtue (the dangers of the seas excepted), 
any law statute or custome to the contrary notwithstanding. 

It is further agreed by and with the consent of all and 
every of the said parties to these presents, that the said John 
Fenwick, his heirs and assigns, shall within thirty days after 
their arrivall in New Caesarea, or New Jersey, purchase of the 
Indians thirty or forty thousand acres of laud, to be divided 
among the said several proprietors, purchasers, fireeholders and 



33 

planters, according to the equivalent share and proportion of his, 
her or their severall and respective proprieties, ffreeholds and 
plantations, and that every such person or persons herein con- 
cerned shall be satisfied and contented with the remainder of 
his, her or their severall parts and lotts as the said John 
Fenwick shall from time to time hereafter purchase of the 
Indians to be within Ffenwick's Colony. 

And all persons that either have purchased or hereafter 
shall purchase any of the land within the said colony, who shall 
refuse the subscription of these articles, shall be exempted from 
all benefits and advantages of the ffreedomes, privileges and im- 
munities of the said colony. And also that the rates for the 
surveying of the severall lotts herebefore mentioned shall be 
regulated and appraised by the governor and his counccell, chosen 
as aforesaid on the place. 

Signed after the interlining of these severall words following 
(soe reserved) over the twenty-third line, page the first, of this 
present agreement, (of the said colony) over the twenty-ninth line 
of this said page, (now) over the sixteenth line of the second page, 
(his heirs and assignes) over the thirty-ffirst line of the same 
page, (and appointed) over the fifty-first line of the same page 
of the said agreement, and all and every of these presents shall 
from henceforth be reputed and taken as a law in the said 
colony, any law, statute or custome to the contrary notwith- 
standing. 

Signed the twenty-eighth day of June, 1675. Fenwick, 

Jno. Barkstead, Joshua Barkste*ad, 

Richard Noble, Henry Salter, 

Richard Guy, Nesimus NETTLEi^nirp, 

Robert Wade, Edward Wade, 

John Haddocks, Roger Lurkings, 

Thomas Mainwaring, John Smith, - 

Thomas Duke, t ^"^1 * 

Edw. Duke, ^""^^ ^.. ^''^'''' 

Edward Bradway, Peter Huff, 

William Hughes, — *- John Test, 

Edward Champneys, John Cann, 

Edmond Warner, Samuel Nicholson,* ^ 

William Hancock, John Harding, 

John Eldridge, Edward Harding, 

Roger Pederick, William IMolster, 

Thomas Anderson, Samuel Land 
Richard Hancock, 



34 

Having now got clear of the imj^ortunities of his 
creditors, executed and delivered the deeds before 
noticed, and adopted in connection with his pur- 
chasers a general outline of goverment ; the next 
step was to prepare for the removal of himself and 
family to the new El Dorado. Other embarrass- 
ments came to the surface but of a different char- 
acter from those before disposed of. There was a 
want of unity in his family, growing out of the 
second marriage, and so deep rooted was it, that 
his wife was not willing to go with him beyond 
the sea. His daughters, not realizing the perils 
of the voyage, nor the hardships and privations 
incident to the settlement in a new country, but 
filled with the spirit of adventure and buoyant 
with the prospect of a change, required no persua- 
sion to follow the lead of their father, and join 
heartily in the work of breaking up their homes and 
leaving their native land forever. The parent had 
infused the children with his notions of success and 
they were proud to know he was head of such an 
enterprise ; that his anticipations and promises were 
not visionary, but would be more than realized, and 
that he would in the future be held to be a public 
benefactor. The letters of his wife, though generally of 
a business character, show some attachment to him and 
regard for his affairs, which were in much confusion 
after his departure. No mention is made of the 
daughters, with whom in all j^robability the bad 
blood existed. Her advice to him in his business 
relations is good, and if followejd more closely would 
have saved him much vexation 

Preparation's went forward, regardless of all obsta- 
cles. Only such articles as were actually necessary 



35 

t<^ ^uiil)ly the wants of the emigrants could be trans- 
})orted, leaving those of convenience and luxury out 
of the question. Implements of husbandry, tools for 
mechanics, material for building, medicines for the 
sick, and sustenance for the healthy, together with a 
scanty supjDly of furniture and household goods must 
find a place in the ship. The slii^) Griffin, Robert 
Griffith, master, was chartered and brought to 
London for repairs and to receive the cargo and 
passengers. An entry made by John Smith in one 
of the books of record (Salem, No. 4) in the office of 
the Secretary of State, Trenton, N. J., shows part of 
the persons that came at that time; they were John 
Fenwick, his three daughters, Elizabeth, Ann and 
Priscilla ; John Adams, husband of Elizabeth, of 
Reading, in Berks, weaver, and three children; 
Elizabeth, aged eleven years, Fenwick, aged nine 
years, and Mary, aged four years; Edward Chanip- 
neys, husband of Priscilla, of Thornbury, Gloucester- 
shire, joiner, and two. children, John and Mary. 
John Fenwick brought ten servants, Robert Twiner, 
Gervis Bywater, William Wilkinson, Josej^h Worth, 
Michael Eaton, Elinor Geere, Sarah Hutchins, Ruth 
Geere, Zachariah Geere and Ann Parsons, 

Beside these he was accompanied by Mary White, 
the faithful nurse of his children, Avho had lived 
in his family several years before coming to America. 
Her attachment for the three daughters showed itself 
in her resolve to share their good or bad fortune in 
a strange land. Their father's house was her home, 
where she had entire charge, and so continued until 
his decea.se. These traits of character were fully 
appreciated by the Patroon, as he gave her a title in 
fee for five hundred acres of land, and five da^'S 



36 

before the date of his will executed a lease to her, as 
"Mary White, late of the parish of Bremble, in the 
county of Wilks, spinster, now of Fen wick Grove," 
for Fenw^ick Grove, containing three thousand acres; 
to continue during her life and the life of her 
husband if any she have when she decease. In his 
will he makes frequent mention of her name, con- 
tinuing his liberality and always expressing the 
utmost confidence in her honesty and uprightness. 

Edward Champneys brought three servants, Mark 
Keeve, Edward Webb and Elizabeth Waite; in all 
twenty-four persons of the immediate family of the 
chief proprietor. Samuel Hedge, Jr., married the 
daughter, Ann, soon after their arrival. 

Samuel Nicholson, his wife, Ann, and five children, 
Parobal, Elizabeth, Samuel, Joseph and Abel, came 
in the same ship. 

John Smith, his wife, Martha, and four children, 
Daniel, Samuel, David and Sarah, came also in the 
Grifiin. (Jonathan and Jeremiah were born after the 
arrival of their parents.) 

The following persons were also passengers: John 
Pledger, James Nevill, Edward, Robert and Samuel 
Wade, Robert Windham, Richard Hancock, Samuel 
Hedge, Jr., Isaac Smart, with some others. Part of 
these latter had families, but of what number in each 
has not been ascertained. It is remarkable that the 
time of the departure of this ship from London and 
of her arrival in the Delaware River cannot be fixed 
with certainty. June 23d, 1675, has generally been 
accepted as correct in regard to the arrival, but this 
is clearly an error. 

The two agreements of June 24th and 28th, 1675, 
hereinbefore inserted, were signed in England and 



37 

before the departure of John Fenwick and his 
company, for the reason that several of the persons 
whose names are thereunto attaclifid did not come to 
America for some time after the Patroon. The last 
of the deeds before-named was signed in July, 1675, 
as was also the mortgage to Edridge and Warner 
(July, 1675), by the chief proprietor and before his 
departure. 

Samuel Nicholson, in his certificate entered in the 
Friends' books of the Salem meeting, says they 
arrived Ninth month (November) 23d, 1675. Here 
is also some mistake, for the first deed from the 
Indians to John Fenwick bears date the Eighth 
month (October) 8th, 1675; this could not have been 
executed until after their landing and some inter- 
course had with the Indians to that end, and cannot 
be reconciled with the entry made by Friend Nichol- 
son. Thomas Shourds, a gentleman of Salem county 
who has given the history of this colony his atten- 
tion, and collected much rare and valuable matter 
relating thereto, says the ship took her departure 
from London the 23d day of the Sixth month 
(August), 1675, but of her arrival appears to have 
no knowledge. This best agrees with the date of the 
Edridge and Warner mortgage and would give suffi- 
cient time for the voyage before the execution of the 
first Indian deed, and place it beyond possibility that 
June 23d, 1675, was the time of the ship coming 
to anchor at Fort Elseborg. The change in the 
English calender, which appears to have been so 
little understood at that time, and in consequence not 
generally observed, except in state and other legal 
papers, created much confusion in dates and may be 
the cause of the uncertainty above-named. It is to 



38 

be regretted, however, that the exact dates of such 
important events in the history of these emigrants 
and adventurers cannot be exactly known, and neither 
can be hoped to be discovered at this late day when 
so many papers and memorandums relating thereto 
have been lost or destroyed. 

Hereinafter is a paper, copied from the records, 
which sets forth the complaints and protests, as well 
as an agreement of the adventurers, dated June 25th, 
1676, and which doubtless was signed after their 
arrival. Assuming this to be true, then Hippolitt 
Lefever, Richard Whitaker and William Malster came 
with their families in the same ship and may have 
brought servants. Robert G. Johnson, Esq., a faithful 
and painstaking antiquarian, late of Salem county, and 
a lineal descendant of one of the first comers into that 
territory to make up the colony of 1675, evidently 
regarded this as a mooted question and one in which 
he could not discover the truth. His contributions 
to the Historical Society of New Jersey, touching the 
early settlements in the southern part of the State, 
are always read with pleasure and instruction by 
those interested in such things, and from them much 
of value contained in this paper has been gathered. 
This gentleman says the ship Joseph and Benjamin, 
Mathew Payne, master, arrived at Salem, March 
loth, 1674, with emigrants, among whom were John 
Pledger, Hippolitt Lefever and others. This is also 
an error, as the two persons last named purchased 
land of John Fenwick in May, 1675, and were then 
residents of London. 

It may not be uninteresting to know something of 
the persons who, beside his family, accompanied John 
Fenwick across the ocean and participated in the 



39 

perils and discomforts of the voyage. In a social 
relation there was but little distinction, and in relig- 
ious matters their sentiments were alike, 

Samuel Nicholson had been a farmer and resident 
of Wiston, in Nottinghamshire; John Smith was a 
miller and came from Roxbury in the same county; 
John Pledger and his wife, Elizabeth, lived at Ports- 
mouth, Southamj^tonshire; he was a ship carpenter; 
James Nevill had been a weaver and lived in the 
parish of Stepney, London; Edward Wade and his 
wife. Prudence, had been residents of London; he 
was a citizen and cloth worker; Robert Wade, his 
brother, was a carpenter and lived near by Edward ; 
Richard Hancock and his wife, Margaret, lived in 
Bromley, near Bow, London; he was an upholsterer; 
Isaac Smart came from Wiltshire; he was a single 
man; Hippolitt Lefever and William Malster were 
"gentlemen;" the first lived in St. Martins, in the 
fields; the last in Westminster, both towns in the 
suburbs of London. Hippolitt's wife was named 
Mary, and William's, Catharine. Whatever may 
have been their calling, all became tillers of the soil 
to secure food for themselves and families; deficiencies, 
however, were made up from the streams and forest 
which were teeming with game easy of capture. 
With all their troubles and dangers, starvation was 
not among them. 

Some of these, although mechanics, were men of 
education and possessed considerable estates. James 
Nevill was a man learned in the law, and became a 
useful citizen in tlie new colony. The first Salem 
records contain many of his suggestions and quota- 
tions entered therein, showing him to have been a 
man of much reading and penetration He wa.^ 



40 

clerk of the court and filled other offices acceptably 
to the people. One of the most important positions 
he held was that of agent for William Penn in the 
sale of his lands in the Salem tenth, and the book 
he has left in which those particular transactions are 
entered, prove his capacity in that direction. 

Richard Hancock was apj^ointed Surveyor General, 
a position of much importance among the settlers, 
but unfortunately came under the displeasure of his 
employer who peremptorily discharged him from his 
service. Others of them filled jjlaces of trust and 
assisted much in giving stability and success to the 
enterprise. 

Once on board the ship and free from the shore, 
these adventurers found themselves crowded and in- 
convenienced in many ways not anticipated, and 
without remedy. Cleanliness and ventilation were 
not considered essential to health; hence the tidy 
housewife whose pride it had been to have her home 
attractive, was sadly annoyed at the want of neatness 
around her, and a glance at the cookmg arrange- 
ments put an end to all enjoyment of meals from 
that time forward. Nothing that was inviting pre- 
sented itself and the situation of the passengers was 
anything but pleasant. Exclusiveness within such 
limited space was not to be considered and the 
annoyances of "going down to the sea in ships" 
seemed to multii)ly. The English Channel was not 
passed before all the romance had departed, and 
Neptune, the god of the great deep, demanded and 
received his tribute. The routine of the ship and 
the broad expanse of waters that surrounded them 
on every side soon became monotonous and put their 
patience and bravery to the severest test. As they 



41 

left ''Land's End" and saw the shores sink into 
the waves, each couhl have said witli the [toct, 

"Adieu, uh fktherlaud I I see 

Your white cliffs on th' liorizon's rim, 
And though to freer skies I flee ! " 

My heart swells — and my eyes are dim 1 " 



Meetings for religious worship were regularly held, 
where, in addition to the silent sittings and patient 
waitings, comforting words were addressed to the 
desponding and encouragement to the skeptical. 
Every day was widening the space between them- 
selves and their oppressors, and bringing them to a 
land where no one should make them afraid. The 
pleasure of anticipation was the only feeling that 
gave encouragement, and the ending of their tedious 
journey was hopefully looked for. 

The first approach of the ship to the shores of 
America was near Cape Henlopen, on the southerly 
side of Delaware Bay, at a small island subsequently 
called Fenwick Island, after the chief of the expedi- 
tion. Here a landing was had to make inquiry oi 
the Swedes, already there, in regard to their where- 
abouts, and the proper course up the bay into the 
river. In the great chancery suit between Lord 
]^altimore and the Penns, which extended over 
the lifetime of several of the litigants, mention is 
made of this island, and it doubtless received its 
name in tlie manner above stated. AVith what 
grateful joy these people looked u})()n the land once 
more — realizing that the perils of tlie ocean were 
ended. The many anxieties they had passed tlirough 
and tlie [nivations they had suffered were forgotten 



42 

in view of their safe arrival at the j^lace of destina- 
tion. Nothing reminded them of their native land 
save the beantiful autumn tints upon the forests that 
crowded down to the water's edge and fringed the 
streams with marvelous coloring. The placid bosom 
of the river was covered with wild fowl, which in 
those days, having no enemy, were easily taken; 
rendering a pleasant change to their diet and a full 
suj^ply to all their wants. The absence of shipping 
contrasted strangely enough with the river Thames, 
where vessels from all ]:»arts of the world found a 
port; while here, seldom but the canoe of the Indian 
or the fishing smack of the ISwedes disturbed the 
waters. 

The old fort at "Elseborg" was the objective point; 
hence the eastern shore of the river must be traced. 
Again the knowledge of the Swedes was used and at 
last anchor was cast opposite the place so long sought 
for. As before mentioned, the date of this occurrence 
is in doubt, but the best data that can be gathered 
seems to place it about the first of the Eight month 
(October,) 1675. They were now in sight of their 
new homes, Avith the wide marshes and majestic forests 
before them. The cabins of the Swedish fishermen, 
scattered along the shore, and the rude dwellings of 
the New England adventurers on Salem Creek, were 
the only habitations to be seen, and in these nothing- 
inviting or attractive was presented. The natives 
gave assurance of welcome in expressive gestures, and 
presents of food. Unable to understand either the 
Swedish or Indian dialect, the new comers resorted 
to pantomime as the only means of communication, 
and succeeded wonderfully well as the end has 
proven. Care was taken that good feeling should be 



48 

established in the begiiniiiii;, and that nothinii; slioidd 
be done to create suspicion or doul)t among the 
Aborigines. 

A satisfactory equivalent being rendered for every- 
thing, a bond of friendsliip was soon establislied 
between the natives and the strangers, wliicli never 
was broken. The Christian obligation that actuated 
the one was appreciated and always regarded by the 
other; hence revenge, ra})ine or war has no ])lace in 
the history of Fenwick Colony. 

"He ruled with meekiu\<s, they obey'd with joy; 
No cruel purpose lurk'd within his heart, 
And no distrust of his intent in theirs." 

Now eonnnenced the search for the ten lots, reserved 
by the chief proprietor in the grant made to the 
Trustees of Byllynge, the description of which was 
vague and uncertain; arising without doubt from the 
little knowledge the parties concerned had of the 
territory in question. No reliable map of this part 
of New Netherlands had yet been made, and conse- 
quently the owners were groping in the dark when 
attempting to describe a section of country they knew 
nothing of Vander Donk's map of 1G")(), designed 
to show where some of the streams emptied on the 
eastern side of the river, has since been ])rovon to h- 
radically defective even in this particular. Augustin 
llerrman's maj), made in KITO, under the patronage 
of Charles Second, King of England, of N'irgiiiia. 
Maryland, parts of Pennsylvania and New Jersey, 
;ni(l (lcsii;ii('(l to correct the many errors existing in 
like documents that preceded, was no improvement 
so far a.s New Jersey was concerned, and ])articulaily 
as touching the ten lots. 



44 

The distance along the Delaware from Prince 
Maurice's River to the fort at Elseborg, on this ma]), 
is shown to be about twenty-five miles, while more 
modern surveys make the distance about forty miles. 
Nearly all the streams are improperly located, with 
Indian towns scattered about at random according to 
the flmcy of the projector. The breadth of land 
between the Delaware and the Ocean (measuring 
from the mouth of Great Egg Harbor River to the 
mouth of Oldman's Creek) is given at thirty-four 
miles, when the distance is nearer seventy miles. 
Many other like defects were calculated to deceive 
the explorers and purchasers of the territory. 

It is evident John Fenwick only knew that the old 
Swedish fort was at or near the mouth of a stream 
within the limits of his tenth; and that the next 
above was the northerly boundary of the same. 
That the Naratican Indians occupied the land he 
had taken as his share of the whole, and must be 
paid an acceptable consideration for the right to 
settle thereon. That their name for the stream near 
the fort was Asamohockin, the Swedish apjiellation 
being Yarken's Kill, as afterwards by him changed 
to Fenwick River, Alderman Kill, or Oldman's 
Creek, (which he afterwards called Berkley River), 
separated his property from the ninety parts, and 
beyond this he was entirely ignorant of the country. 

Explorations must be made, and the only available 
means of transportation was the water craft used by 
the natives and Swedes to pass up and down the 
tortuous and narrow creeks, that run inland from the 
eastern shore of the river. Roiter's River (Alloway's 
Creek), Sejiakaking (Cohansey Creek), and Riddare 
Kill (Maurice River), must each in turn be examined, 



45 

generally to view the country, but specially to select 
a place for a town; an important consideration which 
was decided upon by the united judgment of tlie 
adventurers. 

About thirty-five years before this time a colony 
of English came from New Haven, and having pur- 
chased the land of the Indians, made a settlement on 
Varken's Kill (Salem Creek). They soon found the 
territory was claimed by the English Earl, Sir 
Edmund Ployden, under a grant of King Charles 
First of England, although in reality under the 
dominion of the Dutch and Swedes. They swore 
fealty to Sir Edmund as the "Palatine of Albion," 
and were the only people within the territory who 
recognized his authority. The Dutch and Swedes 
were annoyed by the English being settled so near, 
and a military force was sent from New Amsterdam 
(New York) to drive them away. Their houses were 
burnt, their cattle and goods confiscated and them- 
selves made prisoners. They were, however, permitted 
to return to the j)lace again, build themselves other 
houses, and some continued there until tlic arrival of 
John Eenwick and his company. 

It Avas concluded by the new comers to fix uj)on 
the same site and call it "New Salem," these few 
dwellings sujiplying a necessity wdiich the lateness of 
the season would prevent being done by themselves. 
This done the business of unloadino- their worldlv 
effects from the ship followed at once, and these 
people found themselves domiciled in a new home, 
surrounded by a strange and savage peoi)l(', with 
a great ocean separating them from former friends. 
The reality of their situation was before them, and be 
it for weal or woe, their steps coidd not be let raced. 



46 

An abiding faith in tlie justice of their purpose, in 
the Hberality of their political })rinciples and the 
enlarged philanthropy laid down in their method.s of 
government, strengthened and encouraged them. 
They made haste to acknowledge their deliverance 
from the many perils passed through, and recognized 
in that deliverance an overruling Providence that 
had guided them thus far and would not suffer their 
enterprise to fail if their trust remained as it had 
been in the past. A long dreary winter was before 
them, with a degree of cold seldom known in 
England, and to which they were unaccustomed. 
The heavy drifting snows prevented any extended 
examination of their new country, and the ice in the 
streams destroyed for the time their only means of 
travel. The peoj^le wdio had preceded them, and 
upon whose hospitality they now depended, were 
fishermen, or as frequently called "whalemen," and 
were there to secure the "oyl and bone" so plentiful 
in the bay and ocean, and a source of profitable 
traffic with the European nations. 

Gabriel Thomas, the first historian of West New 
Jersey, in his quaint style thus speaks on this subject. 
"The commodities of Cape May County are oyl and 
whalebone, of which they make prodigious quantities 
every year, having mightily advanced that great 
fishery, taking great numbers of whales yearly." 
The pursuit and killing of this great fish, regardless 
of time, induced by the love of gain, has driven it 
from these waters and almost to extermination. 
Little could be done through the winter, except to 
look after their individual comfort and guard against 
the severity of the season. The accommodations, like 
those on the ship, were limited, but in regard to 



47 

cleanliness, the females havini;- control, a better con- 
dition of things existed. Nothino- however was 
allowed to interfere with the re<;ular observance of 
relipoiis worshi]) and some one of the most com- 
modious of these little dwellino-s was selected for 
that purpose; contrastin<>: strangely with the large 
and comfortable meeting houses of the ])rosent day. 
The following is a copy of the minutes organizing 
the first Montlily meeting of Friends in Saloiii: 

"At a meetinii- lield tlie last day of the Fit'lli ini)iith, 1G7() 
it was unanimously cousidcrcd: that the first Second-day of the 
Aveek of the Sixth month that Friends do meet in the town of 
New Salem, in Fenwick Colony, and all Friends thereunto do 
monthly meet tojrether, to consider of the outward circumstances 
and business. And if such that has been convinced and walked 
disorderly, that they may in all gravity and uprightness to God, 
and in tenderness of spirit and love to their souls, be admonished, 
exhorted and also reproved, and their evil deeds and practices 
testified against, in the wisdom of God and in the aiitlioritv of 
truth that may answer the witness of God within them. 

Signed, John Fenwick, Francis Nebo, Isaac Smart, Samuel 
Nicholson, Robert Zane, Edwanl Wade, Sainucl Wade, Ricliard 
•Guy, and Samuel Hedge, Jr. 

The Patroon, as will be seen, was an active 
member in placing the meetings in ))]-oj)er ordci-, 
.similar to those in England, and with whom corre- 
spondence has continued to the present day. 

The question of erecting a house for such use, was 
agitated for some time without any result, as in the 
Twelfth month, 1<)7'', it was decided to alternate the 
First-day meetings and the weekday meetings between 
the dwellings of Kobert. Zane, Samuel Nicholson and 
Jlichard (iuy. Subscri])tions, howevei-, were being 
made and collecttMl to this end: which culniiiiMtcd in 



48 

the purchase of Hamucl Nicholson's lot and dwelling, 
in 10'S(); the same having been left vacant by his 
removal to Elsinboro on Alloway's Creek. 

Before the opening of spring other purchases were 
arranged with tlie Indians, which perfected the title 
of the chief i»roprietor to the land from Oldman's 
Creek to Maurice Kiver, covering, as no doubt then 
considered, the whole of the ten lots so often men- 
tioned herein. Tliis was according to the covenant 
entered into between Fenwick and liis purchasers, 
thfy regarding the ownership of the natives as of 
suificient validity to refjiiii^e a consideration and con- 
veyance. Trinkets, brilliant colored cloths, blankets 
Mnd, loo often, iiiin, were the equivalent for these 
grants; but the right of fishing, hunting and the 
use of timber was never refused, and eventually came 
to be regarded as inalienaVjle, remaining to them and 
their descendants forever. 

Ai'Utr more criti(;al examination of the country and 
better acquaintance with their neighbors, attention 
was given to the organization of the government, as 
agreed ui)on before their departure from England, 
and as herein set forth at length. The Governor 
and Magistrates were to be chosen by the advice and 
consent of the proprietors and freeholders, which 
contemplated an election. ^J'his, doul)tless, was ac- 
complished with due solemnity, and a« the i*ecords 
show, John h'enwick was selected for Governor, and 
fifteen others of the adventurers as Magistrates. 
Tliese wej-e Samuel Nicholson, Kichai'd Noble, Kdwai'd 
Champneys, Jolm Adams, Roger Hutchins, Kichard 
iJancock, John Smyth, Edward Wade, Kobert Wade, 
Ilichard AVhitnker, William Hancock, William 
Mulstcr, John Lynd, ;iiid hkunuel Lynd. 



49 

John Fenwick, as Governor, took tlic following 
oath of office: 

"I, John Fenwick, one of the lords or chief proprietors of the 
Province of New Caesarea, or New Jersey, in America, being 
chosen by the proprietors, purchasers and freeholders now resident 
in Fenwick Colony within said province, to be their governor for 
this present year 1076, do hereby declare and promise that I 
will heartily endeavor to promote the honor of Almighty God 
iu all my undertakings, who is King of Kings, and hath shewed 
me that he requires of all men to do justly, love mercy and to 
walk humbly with their God; and accordingly I further declare 
and promise that I will bear true allegiance to the King of 
England, his heirs and successors; and in my place and emj)loy- 
mcnt shall, by the power received from both, faithfully endeavor 
to discharge the trust reposed in me by the people, not only in 
being faithful to their several interests, but also endeavor the 
peace and welfare of them and the said colony by doing ecjual 
justice to them and all men according to my best skill and 
judgment, without corruption, favor or affection. 

In Witness Whereof, I have hereunto subscribed my name 
this one and twentieth day of the Fourth montli, conimduly 
called June, iu the vear one thousand six hundred and sevcntv- 
six." 

Words could not better express the obligations 
intended to be embodied than found here. The 
recognition of an overruling Providence, the desire to 
be guided by his direction, the allegiance due to the 
King of England, and the promise to deal justly by 
the peoi)le, who are acknowledged as the fountain of 
power, are in this drawn together and contain all the 
elements necessary in such a document. 

Two (lays after the date of this oath, a paper was 
sigiK'd by part of the emigrants and placed on record. 
This i)resents a sad picture of their condition, and 
shows theui to have been suspicious of the course 
which Edridge and A\'arner intended to pursue 



50 

towards tlieni in regard to the mortgage held by them 
against the land they had j^urchased, and which they 
were now about to occupy. This was but the 
beginning of trouble in that direction, and which 
became the source of great annoyance and pecuniary 
loss to all concerned in the land of Fenwick Colony. 
The aid of a higher power was invoked and relied 
ujion to w^ard off these evils, and after "many 
meetings and serious consultations," a method was 
fixed upon by which they were avoided. Faith in 
the good intention of the Patroon remained una- 
bated, for after some genera] suggestions as to the 
manner of the division of the land, the rest is left to 
his judgment and discretion. No blame seems to 
attach to him for any of the existing troubles, but 
from their standpoint arose out of a breach of faith 
by others. 

The i^aper is here introduced in full : 



Wee whose names are hereunto subscribed doe first dechire, as 
is hereby declared, that wee liave been exposed to great hazards, 
straits, dangers and cruelties whilst at sea. John Lord Berkley's 
deed being declared to be left in England was the cause of our 
trouble; wee meet w'" both, there and at our arrivall, Avhere 
our sorrows was multiplied and our miseries increased through 
cruel trials and oppression. So that as it appeared John Edridge 
and Edmund Warner laboured to send us away w"' the shadow, 
Avhilst they detained from us the substance that should every 
way have preserved us and our interest from ruin. Even the 
ruin under w"" wee hitherto grone, and like to be ruined, 
having received noe reliefe from England, neither can wee heare 
when to expect any, but wholy left as a people forsaken, even 
forsaken by them that pretended to take care of us, and many 
of those who embarked w"* us in the same undertaking did 
alsoe desert us and dispersed themselves into other counteries, 
so that now if wee can live wee may, and if we cannot Avee 



51 

may dyo, for the care that has boon and is taken by these men, 
as if their owne interests were our tlistrucous. 

But blessed be the God of heaven and earth who hath showed 
us nierey (to the amazement of o"" eneniyes here, and so it will 
bo alsoe to others in due time); praysed be his name forever. 
He hath alsoe by his spirit stirred in the hearts of many good 
pco])le to pittie us, and make them willing to come and joyne 
w"" us and to ayde and assist us w'" their presence; who call alsoe 
tor a sitting downe together in this tract of land w'" John 
Fenwick, the chief pi'oprietor and governor, since his arrival 
purchased of the natives for his colony, and to satisfy every of 
his purchasci-s by setting out their tracts of land there accordingly. 
To the end therefore that the Lord's requireings may be answered 
the desire of strangers satisfied, the said colony planted, wee 
and our famylies preserved from ruin, every purchaser have his 
land sett out. The natives neither provoked nor tempted, but 
all our lives preserved by setting out and planting the land as 
people come to take it up, and goe setting downe together as iu 
other counteries. 

"Wee, after many meetings and serious consultations, doe 
unanimously agrege and conclude upon the mcathode following; 
w"'' wee, the chiefe purchaser of Fenwick's Colony and others 
the purchasers and freeholders now residing in the same, doc 
approve of and judge to be most just, reasonable and cquall, and 
doe therefore declare and order, that every purchaser that is 
resident, shall forthw*" have his tract of land set out, the one- 
halfe in the lib'tie of Cohansick, the other halfe in the lib'tie of 
Allowaycs, or as the said chiefe proprietor shall order the same 
here or elsewhere. The said purchasers resting soc only who 
shall begin and succed till their tracts be surveyed and sett out,, 
and after theire tract of land is set forth and surveyed, then in 
order, acc)rding to their lott as aforesaid, shall the tracts of 
w"'' they are intrusted, w*^'' shall be set out and surveyed alsoe - 
and so all other j)urchasers shall have their purchases as they 
come to sit down upon and improve the same, making it first 
appear to the chiefe proprietor and his councell that they really 
intind the same. 

That there shall be a neck or piece of land sett out for a 
town att Chohanzicke and divide*! into twoe p""'"; the one for the 
chiefe proprietor; the other to be sett out into towne hitts for 



52 

the purchasers, w*"* lotts are to be reckened as part of their 
purchases; the chiefe proprietor is to settle, gratis, upon the 
towne, a corner of marsh, and to dispose of his part for the 
incourageing of trayd, &c. 

That the lotts shall be sixteen acres apiece, and that e very- 
purchaser shall take their lott in the towne as they come to take 
them up and plant them. 

And as for the settleing of the towne of New Salem, it is 
likewise ordered that the towne be divided by a street; that the 
south-east side be for the purchasers who are to take their lotts 
of sixteen acres, as they come to take them up and plant them 
as they happen to joyne to the lotts of the purchasers resident, 
who are to hold their present plantations, and all of them to be 
accounted as parte of their purchases. 

And the other parte on the north, and by east and by south, 
is to be disposed oft' by the chief i:)roprietor for the incourage- 
raent of trayde; he alsoe giving, for the good of the towne in 
generall, that field of marsh that lyeth between the towne and 
Goodchild's plantation. 

And lastly, wee leave all other things concerning the setting 
forthe and surveying the said purchases unto the chief pro'' to 
order as he sees fitt. 

Signed acordingly the twenty-fifth day of the Fourth month, 

1676. Fenwick. 

Edward Wade, Hipolite Lefevre, 

John Smith, Edward Champneys, 

Samuel Nicholson, _ Richard Whitacar, 

T^ . ^'1 A . William Malster, 

John x{ Adams, 

mark. KOBERT WADE. 



Part only of the adventurers and freeholders appear 
to have signed it, they perhaps not regarding the 
grievances as sufficiently great to thus perpetuate 
them, and merit the sympathy of their descendants. 
Much delay, however, in the formation of the govern- 
ment was caused by this procedure; and which lead 
to controversy and bitter feeling among these hardy 
pioneers. Two weeks elapsed before another ste^:* was 



taken, when those elected as Magistrates took the 
prescribed oath and entered upon the duties of their 
office. It was as follows: — 

"I, Samuel Nicholson, of the town of New Salcin, iu 
Fenwick Colony, iu the province of New Caesarea, or New 
Jersey, in America, planter, do hereby declare and promi.se that 
I will endeavor to promote the honor of Almighty God in all 
my undertakings, who is the King of Kings, and requires all 
men to do justly, do mercy and walk humbly with him their 
God; and accordingly I do farther declare and promise that I 
will bear true allegiance to the King of England, his heirs and 
successors, and also that I will be faithful to the interests of 
John Feuwick, lord or chief proprietor of the said colony, his 
heirs, executors and assigns, and endeavor the peace and welfare 
of him, them, and of his said colony, accordingly. 

In Witness Whereof, I have hereunto subscribed my name 
this fifth day of the Fifth month, commonly called July, iu the 
year one thousand six hundred and seventy-six." 

Each subscribed to this oath, which, like that of the 
Governor's, is concise and well digested, showing that 
in this little company there was mind and education, 
as well as braA-ery and perseverance. 

Although from the name assumed by these officers 
their duties w^ould seem to have been j^urely judicial, 
yet it is to be supposed they sometimes sat in a legisla- 
tive capacity, and made the few laws necessary for 
the proper government of the colony. In this direc- 
tion their wants were not many, and having a 
common interest to advance, no great diversity of 
()})inion could exist. 

The next business in order of date appears to have 
been tlie laying out and selection of the town lot.s 
at New Salem. The order of the cliief proprietor to 
Richard Hancock, Surveyor General, to |)i-oC('('il with 



54 

this part of the work, bears date Sej^tember 18th, 1G76, 
although in point of time there is but little difference 
in the laying out of lots at Alloway's, and Cohanzic 
also. Preferences aj^peared to exist for each of these 
places, and to which they removed, as soon as the 
boundaries of their several allotments were defined. 
Each purchaser Avas entitled to a sixteen acre lot in 
either of the town sites he might choose, in addition 
to the number of acres to be assigned him according 
to his deed of purchase before-mentioned. The 
claims of the Swedes to certain parts of the territory 
along the river shore were soon disposed of, by 
surveying and conveying to them about all the land 
demanded; thus avoiding a troublesome controversy 
as to priority of possession, and leaving no room for 
sus2:)icion or enmity. AVhere settlements were so 
sparse, the advantage to be derived from such a 
course is apparent, and, as intended, led to good 
results. Some of these people were slow to relinquish 
the religious and judicial authority of those at New 
Castle and Upland; but eventually accepted the new 
order of things that surrounded them, and to which 
no great objection could be made. This was done 
by first recognizing the government of Fenwick 
Colony, and afterwards that established at Burlington, 
by those holding the ninety undivided parts of West 
New Jersey. The identity of their church worship 
and discipline was, however, preserved for many years, 
but gradually merged into that of the Protestant 
Episcopal denomination, and at this time are entirely 
lost sight of. 

The Rev. Jehu Curtis Clay, D.D., in the year 
1858, published a small volume which he entitled 
"Annals of the Swedes on the Delaware, from their 



55 

first settlement in UV-jCj to the present time," in 
wliicli lie collated the history of the chnrches on 
the shores of the river, preserving, to those interested, 
very much of value in this connection. If, however, 
the continuous records of the several churches could 
be obtained, they would Ijc invaluable in showing 
the o-enealo2;ical history of the families connected 
therewith, and also a great assistance to inquirers for 
such knowledge. 

The commission of llichard Noble, as Surveyor 
General, bears date July otli, 1G76, but l)y reason of 
his refusal to follow the directions given him by the 
Governor and Magistrates, he was dismissed from tlieir 
service. Richard Hancock was appointed in his stead 
September 2otli of the same year; showing that 
Noble was not long in getting the displeasure of his 
employers. His successor acted acceptably in that 
position f(jr some time, but yielding to the same 
influence that controlled Kichard Noble, and acting 
accordingly, his commission w^as revoked Decendjer 
1st, IGsb. Samuel Hedge and Richard Tindall each 
successively discharged the same duties ])y a[)point- 
ment, but laljored under many and nuich tlie same 
difHculties as their predecessors. 

The revocation of Richard Noble's commission was 
the starting p(jint of tlic Irouljlcs witli tlic Edridge 
and Warner mortgage, which troubles were not settled 
during the life of John Fenwick. The estate con- 
veyed was understood by Fenwick as only designed 
to secure the payment of certain sums of money in 
the deed set forth, which when discharged, eitlier by 
himself or from land sold by the mortgagees, the 
title to the remainder should be gootl to him again. 
The mortgage matured in two years I'loin date, and 



56 

as Fenwick was in default, Edridge and Warner 
were disposed to regard the estate as forfeited abso- 
lutely, and that Fenwick's means of redemption were 
gone. Purchasers hesitated by reason of this compli- 
cation, which placed the Patroon in an unenviable 
position and left him without remedy, with the ocean 
between himself and those he had formerly considered 
his friends, but now the worst of enemies. He well 
knew that a few sales would furnish funds enough to 
discharge the debt, but without ability to pass a 
satisfactory title no one was willing to enter into 
contract to purchase. There was evident distrust on 
the part of Byllynge's trustees and the holders of the 
mortgage towards Fenwick, as will appear in their 
letter addressed to Kichard Hartshorne, dated in 
London the twenty-sixth of the Sixth month, 1676, 
and their instructions to James Wasse, Richard 
Hartshorne and Pichard Guy, dated in London eight 
days previous to the last-named epistle; persons by 
them selected to look after their interests in New 
Jersey. 

The first clause of the instructions reads as follows: 



We desire you to get a meeting with John Fenwick, and the 
people that went with him (but we would not have you tell 
your business untill you get them together), then shew and read 
the deed of partition with George Carterett, also the transactions 
between William Penn, Nicholas Lucas, Gauen Laurie, John 
Edridge and Edmund Warner; and then read our letter to John 
Fenwick and the rest, and sheiv John Fentoick he hath no power 
to sell any land there idthout the consent of John Edridge and 
Edmund Warner. 

It is difficult to see what claim Penn, Lucas, and 
Laurie had on the ten parts, as the reservation made 



o/ 

by Fenwick in the deed of himself and Byllynge to 
them, a3 Byllynge's trustees, created an estate in 
severalty in Fenwick to the ten lots, and was so by 
them acknowledged. With Edridge and Warner, their 
interest was limited to the jiayment of their debt, 
and such of Fenwick's other creditors as they chose 
to discharge; while the equitable estate to the re- 
mainder was clearly in the mortgagor and within 
his control. Mr. Edward Saunders, a solicitor of the 
Inner Temple, London, gave the parties a legal 
written opinion upon the subject, and who appears to 
have had knowledge of the whole transaction from 
the beginning. He decided that whenever the debt 
of Edridge and Warner was discharged, and such 
other demands against Fenwick as they had paid, 
then the estate was freed from any claim they 
might have by reason of the mortgage before-named. 
The opinion bears date July 24th, 1677, only seven 
days after tlie forfeiture, and shows tliat some legal 
action had been taken in the premises by parties 
interested, other than the mortgagor, wlio was 
really the only one suffering from the difficulty, and 
yet without means of ex2)lanation or defence. The 
letters of Mary Fenwick to her husband disclose 
many facts in relation to this matter, as she was 
much annoyed by the importunities of creditors, and 
the conduct of Edridge and Warner. Edridge made 
a voyage to New Jersey for the purpose of having 
this claim adjusted. Several interviews were had, 
but no conclusion arrived at, and at one of these 
Fenwick so far forgot himself as to strike P'.dricigc 
a blow in the face. He was impressed witli the 
notion that Edridge and Warner designed, if 
possible, to defeat his favorite project, and very iiidis- 



5S 

erectly sent an officer with a warrant, accompanied 
by a posse of men (June, 1678), to New Castle to 
arrest Edridge who had gone there to avoid his 
wrath. The authorities would not allow the process 
to be served, and saved Edridge from feeling the 
force of law as administered by the Governor of 
Fenwick Colony, who in his then condition of mind 
would not have tempered it with mercy. Those 
whose deeds were dated after the mortgage, sympa- 
thized with Fenwick, it being a common interest to 
avoid further claims under that security. Edridge 
returned to England without effecting a settlement, 
and chancery proceedings were instituted; but how 
far continued does not appear. 

Criminations and recriminations were indulged in, 
wdiich cover the true state of the case and renders 
it impossible to arrive at proper conclusions. In 
addition to the opinion of Solicitor Saunders, which 
had been promulgated among the colonists, the chief 
proprietor prepared and had circulated a remonstrance 
or declaration, over his own hand, giving a history 
of the transactions between himself, Edridge and 
Warner; explaining the agreements and covenants of 
the mortgage deed; how far each jDarty had observed 
in good faith these agreements and covenants; show- 
ing the injury that had befallen him by reason of 
the breach of them by the mortgagees, proving 
in a clear and lucid manner that his rights had been 
infringed, and great wrong and pecuniary loss followed. 
He also discusses the prerogatives derived from the 
Crown through Lord Berkley, and which had not 
been abridged or relinquished by any act of his; 
declaring how tenaciously he should adhere to them 
in carr3nng out the methods of government as laid 



59 

dowu before they left England. The paper is a fair 
exemplification of his grievances and certainly goes 
far to prove his j^osition and justify his course. 
The excitement that pervaded the little colony on 
this subject can be understood "when the documents, 
relating thereto, are found among the old papers of 
the first settlers, and considered in their true light. 

The offer of Edmund Warner to accept land for 
his debt, and the conveyance of thirty-two thousand 
unappropriated acres, by FeuAvick to the mortgagees 
■within the limits of his tenth, done no doubt by way 
of compromise, was perhaj)s the end of this fierce 
and now so poorly understood controversy. Nothing, 
however, changed the 02)inion of the chief proprietor 
as in his will he expresses the same sentiments; 
directs his executors to obtain a settlement with 
Edridge and Warner, and clear his estate of the 
shadow that overhung his title through their conduct 
toward him. These things, doubtless, controlled 
Richard Noble, the first Surveyor General, and pre- 
vented him from following the instructions of the' 
Patroou. Kichard Hancock, his successor, was influ- 
enced likewise and also fell under the displeasure 
of his employer. 

The second division of these instructions further 
says: 

" Know of John Fenwick if he be willing jicac-eably to lot 
the land he hath taken up of the natives, be divided into one 
hundred part.«, according to our and his agreement in England, 
casting lots fur the same; we being willing that those who being 
settled and have cultivated ground now witli him, shall enjoy 
the same without being turned out, althougli they i'all into our 

lots "*** *** :* + * 



60 

This shows that the division of the one-half of 
New Jersey into one hundred lots was done with but 
little knowledge of the country, and afterwards led 
to trouble between Fenwick and the trustees of 
Byllynge. As it w^as intimated, Fenwick had ex- 
tinguished the Indian title beyond the bounds .of his 
ten parts, and unless he consented to have the same 
divided, his true position was to be shown the people; 
having reference, doubtless, to the complicity of affairs 
with Edridge and Warner. Inducements were to be 
held out to Fenwick and his followers to abandon 
their present settlement and remove to a new place 
mutually agreed upon; but this offer they refused, 
and continued to hold their estates separate from 
that of Byllynge's trustees. These instructions, wdiich 
are copied in Smith's History of New Jersey, show 
the hostility that then existed between William Penn, 
Gauen Laurie, Nicholas Lucas, Edward Byllynge and 
Edmund Warner, on the one side, and John Fenwick 
on the other side. Much pains is taken to guard the 
commissioners against the subtlety and shrewdness of 
the Patroon, and to have a constant care that he 
does not in some w^ay circumvent them. The cause 
of this is not very apj^arent, as the man they were 
so susj^icious of, had done nothing beyond what may 
be considered a fair and proper defence of his rights, 
and the rights of those who had follow^ed him into 
the forests of America. Whatever policy Fenwick 
chose to pursue, the security to Edridge and 
Warner under their mortgage was ample; and 
no act of his could in any way impair the 
title of the ninety j^arts of West New Jersey 
which the trustees of Byllynge represented. The 
trustees of Edward Byllynge evidently found them- 



selves in an awkward position, and so placed by the 
contest between Fenwick and his mortgage holders; 
in which their enmity toward each other got 
advantage of their better judgment. The forbearance 
of William Penn was taxed to the utmost, and if 
some unguarded expressions escaped him, they were 
excusable under the circumstances. Ilis good offices, 
for the time, were not heeded, but deliberation among 
the contestants proved his advice and course of 
conduct to be for their good. 

Leaving the purlieus of Gray's Inn or the Inner 
Temple, in London, and returning again to New 
Jei*sey, it will be seen that the laying out of the lots 
for a town at New Salem, at Alloways and at Cohanzic, 
were ])roceeded with by Richard Hancock as Surveyor 
General to the colony. The plan adopted was the 
opening of a main street, running to and from a 
landing place on the stream; the purchasers' lots of 
sixteen acres each being on the one side of said 
street; the op})Osite side being reserved by the chief 
proprietor for his own benefit. The large tracts were 
separately surveyed, certificates of description returned 
and ap])roved by the Governor and Magistrates, 
which j)erfected the title, the deeds having boi'n 
previously executed, delivered and entered of record. 

The notority of the trouble between Fenwick and 
the trustees of Byllynge, and the holders of the 
mortgage, bore its legitimate fruit, as no shij) ibllowed 
the Griffin to New Jersey for nearly two years; 
telling sadly upon the interests of the Patroon and 
nmch to the discouragement of those who came with 
him. liobert G. Johnson, Esq., says the Willing Mind 
arrived November, UMl, with emigrants; the ship 
Mary made two voyages the same year; the shi[) 



62 

Kent and the ship Success arrived the same year ; 
the ships Willing Mind and Success came in 1679; 
the ships New Adventure and Henry and Ann came 
in 1681; and the ship Pink arrived in 1682; followed 
by others at intervals of time for several years. 
These did not comprise all the vessels that came into 
the Delaware, and which brought persons with their 
families, who settled in Fenwick's tenth. Some 
found their way here through Maryland and Virginia^ 
while others landed at New Amsterdam. 

Many of the first j)urchasers sold parts of their 
tracts of land, and the Patroon continued to dispose 
of sections of territory, upon most of which dwellings 
were erected and land cleared for farming purposes. 
Laws and regulations were made to keep pace Avith 
the needs of the colony, which with but few 
exceptions, prevented litigation, and had the approval 
of the people. The books of the Society of Friends, 
of which a large majority were members, show 
that many disputes were settled within the pale 
of the church; thus avoiding the scandal and expense 
attendant upon their adjustment at law. The 
machinery of their system of government worked 
smoothly and yielded satisfaction to all who came 
within its control. Amid all his troubles and 
discouragements, the founder of the colony could 
discover the elements of success, and although subject 
to many hindrances, the influx of settlers convinced 
him that his plan was right and would withstand all 
the opposition brought against it. 

While thus contemplating the development of his 
enterprise, a cloud, darker and more portentous than 
any before, showed itself; and from a direction not 
altogether unexpected by the chief proprietor or those 



63 

who had accompanied him across the sea. The 
coming of a ship into the Delaware River, in 167'5, 
was not an event to pass nnnoticed by the Commander 
at New Castle, who, with the Jnstices, represented 
Governor Andross and his council, appointed hy the 
Duke of York, under his second patent from tlie 
King. The instructions to the Commander were to 
keep strict watch over the interests of His Royal 
Highness on both sides of the river, and if anything 
should occur, to report at once to the authorities at 
New York. The ship in question proved to be the 
Griffin, anchored at Fort Elseborg, with English 
emigrants from London under the leadership of John 
Fenwick, who held the title to part of the territory 
on the eastern shore, with the rio-lit of ^-overnment 
derived through John Lord Berkley and the Duke 
of York from the King. Further inquiry developed 
the fact that these people proposed to occupy the 
land on the eastern side of the river, and establish 
a government for themselves under the right before- 
named. This being properly ])rought to their knowl- 
edge, a court was convened in the fort at New Castle, 
and after due deliberation it was decided to forward, 
by express, the necessary information to the authorities 
at New York, and await orders therefrom. The ex- 
press was no doubt a swift-footed Indian, selectecl tor 
the [)urpose, who forded tlie river at the falls 
(Trenton), and continued l)y land through the forest 
to Communipaw; thence by water to the fort at New 
Amsterdam, where the message was delivered to liis 
excellency (iovernor Andross. The information wns^ 
received ])ecember oth, H\7~), and somewhat stirred 
the bile of the new executive, who held his com- 
mission direct and fresh from the Duke of York, ami 



64 

following the spirit and letter of his instructions, 
could not recognize any equal, or suj^erior authority 
within the limits of his jurisdiction. The Governor 
consulted his council, and an order a\ as returned that 
John Fenwick and his followers be not recognized as 
having any rights, but be allowed to remain and 
occupy suitable portions of land under this government. 
The same express carried the reply, which the 
Commander at New Castle soon forwarded to John 
Fenwick, and the adventurers and emigrants who 
were with him; intimating very strongly that they 
were regarded as intruders and enemies. That the 
title to the soil of New Jersey and the right of 
government as well, which was claimed to have 
passed by the grant from the Duke to Carterett and 
Berkley, and under which John Fenwick held, was 
by the Dutch conquest rendered inoperative and void ; 
that the second patent of the King to the Duke 
restored the original elements of title and government 
as by him held in the first patent, and that like 
grants must come from His Royal Highness, as in 
the former case, to make any rights good on the 
eastern shore of the Delaware River; that the 
government, as by Governor Andross and his council 
administered, was the only legitimate one within the 
boundaries given in his commission, and that he 
should expect all persons living therein, to submit to 
the laws, or suffer the penalty of transgressing them. 
To all this the chief proprietor, as the owner of 
the territory, made a dignified response, showing 
whence he derived his title both to soil and govern- 
ment, which he regarded as sufficient and by which 
lie determined to stand or fall. He insisted that his 
right to establish methods of government and the 



65 

enactment and cnt'orcenient of laws, emanated from 
the same fountain as that of Governor Andross; had 
the advantage of })riority in date, and needed no 
confirmation or endorsement by Governor Andross as 
the representative of the Duke of York. That these 
prerogatives had been before exercised and not ques- 
tioned by the CroAvn, and, therefore, had nothing to 
concede or relinquish touching the demands made by 
the government at New Amsterdam. 

Major Fenwick, as he was styled by Captain 
Edmund Cantwell, the Commander at New Castle, 
was frequently invited to make a visit to that place, 
but as uniformly declined, perhaps for political reasons, 
which the sequel seems to prove. 

Neither threats nor persuasions accomplished any- 
thing lil^e a recognition of the New York authorities, 
which information being forwarded and there held 
under advisement, a warrant was issued September 
2oth, 1(370, summoning John Fenwick to aj)pear before 
the Governor at New York and answer the many 
charges made against him. This paper, in the shajjc 
of a special warrant, and directed to Edmund Cant- 
well, Sheriff, who served the same in person with 
due formality, wrought no change in the asj)ect of 
affairs, nor obtained the consent of Fenwick to comply 
with its demands. Fntiii a judicial .standpoint this 
was ('(intempt, and tlie per.son guilty must be made 
to feel the })Ower of the law and pui-ge himself 
thereof. Tliere was but one course to j)ursue if 
Governor .\ii(h*oss would j)re.'^erv(' his dignity and 
maintain the lionoi- of the government he then and 
there repre.^ented. 

November iMth, 1('»7<>, "on tlie news of Fenwick's 
actings in New Jersey, granting pntcnts. exercising 



66 

other proprietory rights, and refusing to obey the 
Governor's special warrant," it was "Resolved, that 
he be sent for, and if necessary, that force be used 
for seizing and sending him to New York," &c. 

The tenor and purpose of this paper was not to 
be misunderstood, and upon the receipt of it at 
New Castle, by Captain John Collier, who succeeded 
Captain Cantwell as Commander of the post, Sep- 
tember 23d, 167G, he addressed a note to the 
Governor of Fenwick Colony, stating that his orders 
were peremptory, and requested him to come to 
the fort. He replied by a refusal, couched in 
respectful but decided terms. Having no desire to 
place the stigma of an arrest upon Fenwick, he went, 
accompanied by others, to his residence and renewed 
his request in person. The Major, at this visit, would 
not suffer any in the house except Captain Collier, 
and after he went out would not admit him again; 
but double-bolted the doors and sj^oke to him through 
a small scuttle hole in the end of the dwelling; 
Captain Collier, the meanwhile, seeking to convince 
him that he wished to avoid the necessity of executing 
the writ. This degree of forbearance was not 
appreciated, and the Commander returned to the fort 
and obtained the advice of the Justices in the 
premises. 

To compromise the matter further would entail 
u})on them the censure of the Governor; hence they 
determined to proceed at once, and appointed Lieu- 
tenant De Haes to take command of a squad of two 
under sheriffs and twelve soldiers for the purpose in 
hand. His powers were discretionary, even to extreme 
measures, to secure the body of the offender and 
require his response to the Governor upon the 



G7 

return of the warrant. On the i'i<i;litli day of 
December, 1676, this officer, with liis men fully 
armed, crossed the river and proceeded to New Salem, 
charged with this important and delicate duty. It 
will be seen that the Commander at New Cattle 
sought e\ery means consistent with his duty to avoid 
this necessity, and was constrained only by the arbi- 
trary and unlawful procedure of his superior officer. 
Military discipline was too strict, and the conse- 
(|ucnces of a breach thereof too severe for him to 
depart from the spirit, even if he had ventured t<> 
disregard the letter of his instructions. 

John Fenwick regarded himself the political equal 
of Governor Andross ; that he was the head of a 
small, but rapidly increasing colony ; that he was 
Patroon by purchase; Avas Governor by choice of the 
people. He had pledged his allegiance to the King 
and taken an oath to discharge the duties of his 
office faithfully, and to the interests of the people 
without fear or affection, and hence could not recog- 
nize any power greater that his own, save when the 
prerogative of the King should be exercised. 

Landing at New Salem in the night, the olHccr 
marched his command directly to Fenwick's residence, 
informed him of the object of his co.ming, and 
demanded his surrender. The house was secuiely 
fastened, and as Fenwick refused to acknowledge the 
service of the Avrit, or admit them the <loov 
was broken open, a pistol fired at him and lie iinally 
surrendered. The military teachings of Oliver Crom- 
well did not overcome the precepts of George Fox, and 
no resistance was offered by Fenwic^k aftei" the house 
was entered. The ])istol shot did n<i damage, but 
was intended to wound the person pursued and pre- 
vent his fnrthei- escape. 



The excitement that such proceedhigs must have 
caused in the Quaker community can well be under- 
stood, and when he was led away a prisoner, by 
armed men, his associates in former perils dee2:)ly 
sympathized with him in his present misfortune. 
Nothing appears to have been done on the part of his 
associates to prevent his arrest, who, intimidated by 
the presence of soldiers, submitted to this abuse of 
power. He was taken to New Castle the same night 
and sent at once to New York by sea, where he 
arrived December 10th, and was given into the 
custody of the Sherift' there. His liberty was abridged 
to the fort, he having free intercourse with the 
officers, enjoying their society and receiving their 
hospitality. 

January 5th, 1670, the Governor issued his special 
warrant requiring the Justices of the north riding, 
the west riding, and Mr. WoodhuU, of the east riding, 
to assemble at the City Hall on Friday, the 12th 
inst., to constitute a court for the trial of this 
offender; and on the same day had proclamation 
made tlixt such C3urt would be held, then and there 
for that purpose. On that day the Governor, the 
Judges of the Assizes, and the Mayor and Aldermen 
of the cily made a court, when Samuel Leet, the 
King's counsel, presented the various charges made, 
and requested John Fenwick to plead thereto. These 
set out that he had "with force and arms ryoteusly 
and routeously, with other persons, taken possession of 
large tracts of land on the east side of the river, 
which same were within the bounds of His Koyal 
Highness' patent, from his majesty," &c. ; — that 
**he, with other persons, had driven settlers away and 
torn down their houses;" — that "he had issued license 



69 

to distill," c^c, and coinniitted various other act8 of 
like character; to all of which he plead not guilty. 

A jury was summoned and empanelled by the 
Sheriff, and the trial proceeded. The counsel 
offered the King's letters ])atent to the Duke, and 
the Duke's instructions to Governor Andross, which 
were read. John Fen wick made a "long discourse" 
in his own defence; cited the deed from John Lord 
Berkley to himself, to show that his title was but two or 
three removes from the King, and, under the English 
laws, was good and sufficient for him, and those who 
held under him. He was much embarrassed, however, 
for want of documents, as he had left his deeds 
in England, from whence he could not obtain them 
for several months from that date. The authority of 
Governor Andross, under the second ])atent of the 
Duke over the territory of New Jersey, he denied, 
and claimed the whole ])rocee(lings to be contrarv 
to law and precedent. His Gray's Inn education 
served him well in this extremity, which commanded 
the respect, if it did not receive the approbation, of 
his accusers. Many important cpiestions, involving 
what rights existed under the King's Charter; what 
2)0wers were delegated and what were inherent or re- 
served, and how far any of these had been infringed or 
violated by originating a colonial representative gov- 
ernment within the limits of the ten lots excepted in 
the deed of l>yllynge's trustees, and which were at 
this time the great cause of offence. These principles 
were well understood and ably discussed by Fen wick, 
and l)efore an unprejudiced court would have been 
successful, lie was familiar with their lustory from 
the beginning, and knew what was intended by the 
Crown wjion the patents were created; that no restric- 



70 

tion existed, either expressed or implied, save that no 
law should be made inconsistent with the laws of 
Great Britain. 

The Governor charged the jury l)oth upon the law 
and facts ; taking much pains to enforce his own 
theory, and directed them to return a verdict for the 
King, which was accordingly done. 

After private consultation of the court, the verdict 
of the jury Avas approved, and the defendant sentenced 
to pay a fine of forty pounds and costs; also to give 
security in five hundred pounds to be of good 
behavior and not act in any public capacity until 
authorized ; and to remain in custody until these 
requirements were satisfied. A right to appeal was 
granted him if five hundred pounds were pledged that 
the appeal should l)e prosecuted. 

The fine, and conditional release, he refused to j)ay 
or comply with; and remained in the fort under 
military surveillance, with about the same liberties he 
had before been privileged. He refused to ac- 
knowledge the authority of Governor Andross in any 
manner, or to make any promise that should control 
his future conduct, touching his interests in New 
Jersey. 

August 7th, 1()77, the commissioners sent out by 
the trustees of Byllynge and the London and York- 
shire owners, arrived at New York in the ship Kent, 
Gregory Marlow, master, bringing with them copies 
of the King's patent to the Duke, and all subsequent 
grants made of New Jersey, which wevo laid before 
Governor Andross and his council. This was a 
fortunate circumstance for John Fenwick (who was 
still a prisoner), as these documents verified all that 
he had sought to establish on his trial. The com- 



missioners re(|ue.sted him lo recognize and acknowledge 
them, ])ut the Governor could not see his Avay clear 
so to do. The second patent of the Duke, coupled 
with his instructions, jirevented him from granting 
what was evidently their right, and which he seemed 
to realize. After much controversy it was agreed, by 
way of compromise, that the commissioners, or part 
of them, should receive authority from Governor 
Andross to act as magistrates, in the Duke's name, 
on the eastern shore of the river; when they fixed 
upon a place "to settle down by." At the same time 
John Fenwick was released on his parole to return 
to the fort at New York, October Gth, following. 
He went on board the ship with the commissioners 
and returned home, the ship arriving at New Castle, 
August IGtli, where the most of the people landed. 
In the chief i)roprietor of the Balem tenth, these 
strangers, doubtless found a valuable assistant, whose 
experience and advice saved them much annoyance 
and trouble. 

Faithful to his promise, he presented himself to 
Governor Andross at New York, on the day named, 
who expressed his surprise thereat, and immediately 
made an order foi- him to be discharged, "and to 
go about his lawful occasions." 

At home once more, he entered upon the duties of 
his office a.s Governor, attended to the laying out and 
sale of land, participated with much zeal in the 
schemes of his neighl)ors for the advance of his antl 
their interests in the colony, by which many others 
were induced to join then), and being satisfied with 
the methods adopted, were content to remain. Every- 
thing aj)})ears to have gone well with the Salem 
folk until April oOth, 1078, when an election was 



72 

held for the officers, annually chosen, and the places 
of Surveyor General, Secretary, and Register, were 
filled by appointment. Captain Edward Cant well, 
Justice Foppe Outhout, and others from New^ Castle, 
were present and made note of the manner in which 
the machinery of the government was kept in 
motion. The Governor ordered several papers to 
be read, relating to his authority in the premises, 
and then had proclamation made, in His Majesty's 
name, that all persons on the east side of the 
river should render due submission and respect 
to himself as chief and others as subordinate officers 
of the colony. Captain Cantwell suggested that there 
were many Swedes and Finns present w^ho did not 
understand what was being said and done; as the 
English language was strange to them. Fenwick's 
reply was, that they knew enough to accept his deeds 
for large tracts of land, and should therefore recognize 
his authority. The Captain also hinted that a small 
tax had been levied by the collector at New^ Castle, 
on the people of the eastern shore; but the Governor 
advised them not to pay the same, and would save 
them harmless if they so refused. It is apparent that 
Captain Cantwell, Justice Outhout and others, of the 
dignitaries of New" Castle, had been invited by 
Governor Fen wick to make a visit to New Salem, 
on the day of election, and observe the pure and 
sim])le manner in which the people selected their 
rulers. A much better feelins; existed between the 
rival authorities than at the first, and there is 
evidence that the Commander at the fort and the 
Governor of Fen wick Colony became warm friends, 
which led to nmcli leniency on the jmrt of the 
former toward the latter, when the powder of Governor 



73 

Andross was to be exercised a<i;aiiist the usurper on 
the eastern shore. 

The election over, the Festivities of a [)lentiful board 
were to be enjoyed, which, no doubt was spread, so 
tar as a limited space would allow, with an eye to 
the proper entertainment of the distinguished visitors. 
The Governor would not neglect this opportunity of 
showing that it wa8 a government in operation in all 
its parts, and they were the guests of the chief 
proprietor. Military uniforms among plain Quaker 
garbs was a wide and striking contrast, but the good 
cheer set l)efore them strengthened friendshi}) and 
banished ill feeling. Speeches "were made, discussing 
the position of affairs on either side of the river, and 
an end of contentions hoped for. 

After a long space of time the news of this visit 
reached the ears of the Governor's council at New 
York (the Governor having sailed for England 
November 17th, 1<»77), and orders were sent to New 
Castle to know wliat was seen, said and done on that 
occasion, and report the same to headquarters. In 
obedience to this, Commander Christopher Billop, 
who had held tliat jmsition since August li4tii, 1677, 
convened a jtrivate court, May 9th, 1078, at the fort, 
when depositions of tliose wlio liad enjoyed the 
the hospitality of ( Jovernor Fenwick were taken, and 
sent as directed. 

On May '2'2d tlie ( Jovciiior's council lidd this 
evidence under advisement, and after nuicli grave 
deliberation sent an express to New Castle dirc'-ling 
the C'ommander to notify ^Nlajor Fenwick of his i)arole 
and to desi.st from assuming any powers of government 
on the ea.st side of the river. In due time the 
expre."<s found its way to New Ca.stle, and Thomas 



74 

Wolleston, under Sheriff, was despatched by the 
Commander, June od, with a note to the Major, 
informing him of the orders and requesting a com- 
])liance with the same. 

Immediately npon the receipt of this the Major 
indicted a long epistle, addressed to "my friends and 
neighbors," meaning Commander Billop and his 
associates at the fort, and sent it by the returning 
messenger. The substance of the reply was the same 
he had always made, and intimatins; that he should 
continue in his j^resent service, and not cease but by 
command of the King. That the five hundred pound 
bond had been relaxed by the court, and his parole 
not binding him thereto, he was at liberty to act or 
not to act upon Lord Berkley's interest. That he 
would not answer any summons or writ coming from 
Governor Andross or his council, and neither would 
he go to New York alive. 

Two days after, the Commander and Justices 
forwarded a synopsis of the Major's answer to New 
York, and further stated that he was desperately in 
earnest; that bloodshed must follow if another attempt 
was made to arrest him. During this controversy a 
warm friendship had sprung up between Commander 
Billop and Governor Fenwick, much to the annoy- 
ance of the Justices at the fort and the authorities 
at New York. Good came out of it, however, as 
Fenwick was persuaded to abandon his defiant 
l^osition and say that he would respect his parole 
and proceed to New York. This was brought about 
by an assurance coming from his friend, the Com- 
mander, that no severe punishment should be inflicted 
if he so acted. The Justices could see how much such 
]>romise would militate against the purpose of his 



75 

arrest, and expressed their regret that such kindly 
feelings existed between Governor Fenwick and Com- 
mander Billop, and like AVilliam Penn and others, 
in their instructions to Kichard Ilartshorne and his 
associates, were afraid the plausibility and shrewdness 
of the one would overcome the duty and obligations 
of the other. \t the re([uest of the Justices, Com- 
mander Billo}) proceeded to New Salem and informed 
the Governor that they would take no action against 
him if he would consent to go within twenty days; 
to which he made no objection. 

According to promise, he started, and on his way 
stopped at New Castle, wdiere ho was the guest of 
the Commander, who extended to him the hospitalities 
of the place and entertained him in a manner con- 
sistent with the high j^osition he claimed to lill, rather 
than as an offender going to trial and punisliment. 
While he was there, arrangements were made that 
his journey should be by land, although a sloop was 
then waiting to convey him, by order of the New 
York council. The going l)y land the Justices at 
New Castle regarded as an easy means of escape, 
but the Commander, not having such fears befon^ 
his eyes, took the resi)onsibility. This was, no doubt, 
as the ( ioveiiior preferred, giving the opportunity to 
stop at Burlington, and consult the London and % 
Yorkshire Commissioners, as well as to convince his 
enemies that he had n(.) fear of being deposed wlien 
a fair and uiil)iascd hearing of his case could be had. 
From Burlington he crossed tlie (Mamtiv along the 
Indian trail, then a mere bridle path winding through 
the forest, to head the streams and avoid the hills; 
with only the cabin of the native where to take rest 
or refreshment. He left New Castle .lulv iMih, ICtTS. 



76 

and, beside the guides, his retinue doubtless consisted 
of attendants and servants, to give dignity and 
character to his position as well as to show his New 
York rivals that he relinquished nothing by his 
voluntary appearance before them. 

Governor Andross having returned from England 
August 8tli, 1678, with better understanding of the 
dispute, and with instructions more definite in regard 
to it, a court was convened August 22d, when copies 
of the charges were furnished the defendant, who 
requested time to examine them and prejiare an 
answer. These were, generally, that John Fenwick 
had disregarded his parole, continued to exercise 
supreme authority on the eastern shore of the river, 
and harassed the settlers who did not recognize his 
title or possession under the grant of Lord Berkley. 
The documents brought over by the commissioner 
were procurable, and sustained Fenwick in his position ; 
proving the authority under which he exercised the 
rights in question, and much better showing the 
usurpations of the Duke of York by whose com- 
mission Governor Andross was acting. The harassing 
of settlers was not denied, for the reason that they 
were trespassers, having no title to the land from 
him. The points at issue were the same as those of 
the first trial, and, as then, failed to procure an 
acquittal. An appeal was filed, coupled with an 
intention to go to England and lay the grievances 
before the King, in case a rehearing was not granted. 
The appeal was denied and orders issued to prevent 
Fen wick's departure from the colony. The order was 
relaxed, or withdrawn, as Fenwick returned home 
soon after the trial, and continued to exercise his 
authority as before. Nothing but his arrest and 



iinprisonnicnt would })revcnt liiiu from selling and 
conveying his land as chief proprietor or acting as 
(lovernor of Fen wick Colony. He probably recrossed 
the State, in going to Salem, by way of Burlington, 
to inform his friends there of the treatment he had 
received and of his policy in the future. The Bur- 
lington folk had avoided a controversy with Governor 
Andross by accepting commissions from him, which 
Fenwick i-efused to do, and hence the annoyances 
that had befiillcn him. 

The neighborly acts of C^ommander Billop toward 
Governor Fenwick cost him his commission, as he 
was ordered to JSew York, September 13th, to answ^er 
the many charges there to be made against him, and 
«leliver over the fort and its contents to his successor 
named. The caution, hinted to Richard Hartshorn, 
was, perhaps, well directed by William Penn, who 
knew the person with whom he had to deal, and 
with what success he made his own appear the better 
cause. Governor Andross having discovered the 
truth t(j() late, used the only means at hand to 
counteract its effect upon his policy. 

Commander Billoj) appears to have been an easy 
going sort of officer; lacked dignity, and fell into 
many careless Avays. He used the fort for a horse 
stable, and the court room above, as a place for hay^ 
and fodder. His pigs also had much liberty within 
the walls, and he used the soldiers to attend to his 
jirivate affairs, instead of practicing them in their 
military duties. He came altogether short of the 
rerpiirements of the lesser officials thereabout, who 
complained to the (lovernor of his inefficiency, and 
lie was therefore removed from the important and 
responsible place he had so poorly iillcd. 



78 

John Feiiwick had scarcely received the congratu- 
lations of his friends and neighbors at New Salem 
for his safe return, ^vhen information was sent to 
Governor Andross that his rival was again discharging 
his duties as Chief Executive of the Salem tenth. 
On October 28th orders were expressed to New Castle 
to protect all j)ersons on the eastern shore who were 
being molested by Fenwick in the quiet possession of 
land held under titles made before the coming of the 
English, and to advise the council if he persisted in 
this course of conduct, so that summary proceedings 
might be had and he be punished. 

About this time Governor Andross established a 
court at Elsel)org (the old fort) for the purpose of 
adjusting disputes Ijetween the new comers and the 
old inhabitants, touching the title and possession of 
land on the east side of the river ; consisting of six 
judges, any four of whom should be a quorum, with 
Foppe Outhout as iiresident. This court could not 
hear cases "extending to life, limb or member;" 
and to be appealable, a judgment must exceed five 
pounds. Nothing, however, was accomplished by this. 
Previously to the creation of this court, several suits 
had been commenced against the Patroon at New 
Castle, by persons claiming land within his tenth, but 
which were never l)rought to an issue. Dissatisfaction 
was created in the minds of the Dutch, Swedes and 
Finns, as to the title to their land, which they had 
received fr(jm the chief pi'oprietor, by the persistent 
efforts of Governor Andross in that direction, but 
which he (Fenwick) had always made efforts to (][uiet. 
In proof of this he issued a proclamation (June 8tli, 
I680) requesting them to come to his house, near 
New Salem, on the 2Gth inst., to there set forth their 



79 

<2;ricvances and hit upon some means of adjustment. 
This time a settlement "was reached liy their eon- 
sentmg to pay a yearly (juit-rent to the Patroon, 
which thoui;h nominal, was a recognition on their 
part of liis hnvful right to convey, and tliat his title 
to tliem was sufticient. ISome of these lists of 
assessments are still in existence, and show tliat sucli 
annual payments were made for some years after 
Fen wick's death. 

The court at New Balem, as established by the 
"methods" agreed upon in the beginning, held regular 
sessions, and transacted the little business of the 
colony coming befoi'e it in a systematic manner; 
making record of all things necessary to be ])reserved 
for future reference. The identity of their enterprise 
was all important to them, for if the executive and 
judicial jiowei's were neglected or disregarded, other 
like elements would soon be infused from another 
source and destroy it. 

To all the j^i'oceedings of a legal nature oi-iginating 
at New Castle or New York, either civil or criminal, 
John Fenwick made but one answer; denying their 
authority or jurisdicti(jn and never admitting by word 
or deed, any claim nnder the Duke's second patent 
from the King, within the limits of the ten lots. 
The <liscussion of these questions, so important to all 
the owners in West New Jersey, was not confined to 
this side of the Atlantic ocean, but caused much 
feeling among intei'csted ])arties in and about London. 
The best legal minds in the realm were enlisted, })ro 
and con, and geneially decided as letained. The 
Crown officers were divided in o]>inion, and some 
evaded the points at issue entii-ely. William l*enn, 
with his immediate and prosjiective interests in the 



80 

territories of America, was no mean advocate for- 
sustaining the grants under the Duke's first patent, 
and by his plain common sense view of the subject 
won many to his opinions. The "weight of authori- 
ties" leaned toward that side, and after a careful 
review of the whole subject by Sir William Jones, 
"the greatest lawyer in England," who so did by 
request of James, the first patent of the King to the 
Duke was held to be a valid instrument in law, and 
hence all subsequent grants under it of equal force. 
Some hesitancy existed after Sir William's opinion,, 
but the deed of the Duke of York to the West New 
Jersey proprietors, August Gth, A. D. 1()8(), put an 
end to all trouble henceforth touching a question so- 
long mooted among those of high legal attainments,. 
the great contracting parties, and the men Avho laid 
the foundation of a Kepublic; the influence of which 
is now felt throughout the world. 

A review of this controversy shows to what extent 
the Duke of York was disposed to carry his authority,, 
([uestionable as it was in a legal, and censurable as 
it was in an equitable point of view, against those to 
whom he had assured l)oth the title and government 
of West New Jersey. Its effect was to delay, and 
but for the indomitable perseverance of a few men, 
would have, for the time being, defeated the settlement, 
of the territories in this part of America. Nothing- 
was due to the forbearance of the Duke or a desire- 
on his part to act fairly with those whose money had 
been invested in this scheme, and who alone must be 
the losers if his purpose had prevailed. The edu- 
cation of John Fenwick gave him a comprehensive 
view of the whole subject, and if precedent was worth 
anything, the opinions of able exponents of the legal 



81 

points involved were to l)e regarded, and the plain 
common sense meaning of the grants not entirely 
ignored, then his premises were well taken and the 
right must ultimately prevail. 

While this exciting question was pending, and 
which was continued for nearly three years, the 
religious duties of sympathizers and participants would 
sometimes be neglected. ( areful as the heads of the 
Church might he to guard against inconsistencies 
among members, yet the flesh would occasionally 
under such trying circumstances control the spirit and 
cause some to go astray. Among these was John 
Fenwick, who, with a multitude of cares, other than 
defending his rights, absented himself too often from 
religious meetings, and perchance indulged in language 
hardly up to the standard looked for among the elders 
of the Society. At a regular monthly meeting of the 
Salem Friends, held Third month 0th, 1<)77, Chris- 
topher White and Iviehard Guy were appointed a 
committee to visit John Fenwick to know "if he 
owneth the truth which he formerly professed, or not." 

This inquiry explains at once the light in which 
he was regarded by those who made their paths 
narrower and kept their ways straighter, and who felt 
called upon to remind others of their short comings; 
whose advice had been to follow the course of the 
commissioners of the ninety parts and accept a con- 
dition of things that could not well be avoided. 
However nuich the profession of non-resistance and 
passive obedience might adorn the walk and conver- 
sation of (Quakers generally, yet John I^iiwick too 
well understoo<l how such concessions would be viewed 
by his enemies, and the damaging effect such course 
would have upon the defence of his rights. It some- 



•82 

times requires a nice discrimination to know where 
the one ends and the other begins; and such dis- 
tinctions were not regarded by the chief proprietor, 
however i^alpable they might appear to others. His 
reply to the committee j^roves his regret at finding it 
necessary to so conduct himself, but intimates that he 
is clear of censure. Their rej)ort was "that John 
Fen wick hoped he had the truth which he formally 
professed, and was \villing to have a letter read which 
he had sent to George Whitehead and William Gibson 
before thev came to our meetino- about three months 
ago." The reply appears to have been satisfactory, 
and the conduct of the erring member, from a 
religious standpoint, was not soon again called in 
question. No distrust of his sincerity, as a consistent 
member, appears until the Seventh month 5th, 1681, 
when George Deacon, John Forest and Charles 
Bagley were requested "to go to John Fenwick and 
let him know that Friends have taken notice of his 
careless walking in respect to truth, and let Friends 
know whether he hath a desire to walk more circum- 
spectly for time to come." There is more significance 
in this " minute " than in the first, and shows that the 
Governor had fallen away from his religious duties 
and was becoming more wayward than was deemed 
good for the Society. His case was regarded chari- 
tably, in view of the many vexations that had beset 
him, but the rules could not be too far trespassed or 
their influence for good endangered and their pro- 
fession scandalized. In his answer is shadowed some 
of the- reasons for his conduct, and that even among 
his neighbors and associates he found enemies. It 
reads in this wise : — 

"That he loved the truth above all things and 



83 

that he loved honest Friends, bnt he had his failinfrs 
as well as otliers; but he could freely forgive them 
that were the occasion of it, and desired to have his 
love remembered to Friends, and that he loved truth 
above all things." 

After this entry his name does not again occur 
ill tlie minute bocks of tlie Salem Friends, and the 
inference may be that no further notice was taken of 
his conduct ; that gradually losing his interest in the 
Society, he was suffered to neglect its requirements, 
and at last abandon it altogether. The prominent 
position he had occupied among them, the much he had 
suffered in person and estate to save them harndess, 
and the many other services he had rendered, softened 
the feeling of censure and his faults were passe<l over 
in silence. 

George Fox visited Salem, on one occasion, wlierc 
he found trouble in the meeting, and used liis 
endeavors to adjust them. Some of these perhaps 
related to the conduct of the Patroon. The note in 
liis journal reads: — 

"After meeting (at Chester) Ave took boat and 
went to Salem, about thirty miles, where there lived 
John Fen wick and several families of Friends from 
England. We got Friends together and had a meet- 
ing; after which we had the hearing of several 
differences and endeavored t<» make peace among 
them." 

Ahlioiii;li the advanc-cment of tlic colonv was 
hindere<i by the foregoing, and other dilliculties inci- 
dent to such an undertaking, yet laud was sold, the 
towns laid out assumed shape, and many settlements 
began to show themselves in various parts of the 
territorv. 



84 

Upon the arrest of the Patroon by the sokliers 
from New Castle, beside his i^^rson, they carried off 
many deeds not yet signed for land sold, and took 
them to New York with their 23risoner. Strange as 
it may seem. Governor Andross allowed them to 
be executed and delivered to the purchasers; when 
one of the most important points of difference was 
the sale and conveyance of land on the eastern shore 
under other title than such as should be derived 
through himself This was one of the many incon- 
sistencies that show themselves in the conduct of 
Governor Andross toward the Salem people, and 
irreconcilable with the claim of the Duke of York 
under his second j^^tent and his instructions to his 
officers in America; but entirely in keeping with the 
declared purpose of John Fenwick on every proper 
occasion touching his policy. Salem being the seat 
of government, the county town, and the residence 
of the Patroon, increased much more rapidly than 
Alloways or Cohanzic, and in short space became 
quite a place of trade. Gabriel Thomas, in his odd 
manner of writing things, says that Salem is "a fine 
market town, having several fairs kept yearly in it, 
likewise well furnished with good store of most 
necessaries for human support; as bread, beer, beef 
and pork, as also butter and cheese, of which they 
freight several vessels and send them to Barbadoes 
and other Islands." 

After Shrewsbury, the first Friend's meeting in 
New Jersey was here settled; as were also the yearly 
meetings of the Society for Pennsylvania and New 
Jersey. Burlington and PhiladeliDhia, as the settlers 
increased, being found more central, this important 
assemblage was afterwards alternated between those 



towns, but at last settled at tlu' latter ])lace. The 
poliey of the Duke of York, as enforced through his 
officials in .Vmerica, was also felt by those who held 
tlie ninety parts of West New Jersey, and sought to 
establish a government after their own model. The 
liberality of this soon attracted the attention of the 
peo}:>le, particularly those following in the footstejjs of 
George Fox, and the territory was rapidly settled. 
The "concessions and agreements of the i)roprietors, 
freeholders, &c., of West New Jersey," were signed 
March 1st, l()7<)-7. The commissioners arrived 
August l()th, ill tlic next year; yet the government 
was not put in motion until November 21st, KkSI; 
caused no doubt by the trouble growing out of the 
two patents about which so much has already been 
written. 

It is easy to discover that John Fenwick did not 
regard the interests of the owners of the ninety parts 
as antagonistic to his own, and gradually allowed the 
"methods" of Fenwick Colony to be merged into 
those of the government at Burlington. The first 
legislature sitting at the last-named place (November 
21st, 1081), ])assed laws and appointed officers 
for Salem County; which laws were enforced, and 
the officers discharged their several duties without 
hindrance. Something more than one year after that 
date (]\rarch 2od, 1(>S2), John Fenwick conveyed to 
William Penn all his remaiiKJcr in West New Jersey, 
excepting one hundred and fifty tliousand acres, which 
conveyance extinguished Fen wick's right as a ])i-o- 
l)rietor in the colony and removed all doul)t in regard 
to the powers of government Ijcfore existing. The 
reserve, in this deed, of the ])rivilege to hold a court 
baron and a court leet, within the limit oi' the one 



86 

hundred and fifty thousand acres, shows the at- 
tachment of the grantor for the usages that belonged 
to estates in England, and his desire to entail some 
vestige of the old feudal system, incident to the 
ancient manors of his native land, to his family and 
those coming after them. In making his will, the 
same idea crops out, in which he sought to perpetuate 
this peculiar judicial privilege by appointing a clerk 
to the courts, with provision for the continuance of 
the office. The gradual narrowing down of the limits 
of his territory, from the one-half of New Jersey to 
the ten lots, and then to the one hundred and fifty 
thousand acres, did not weaken his notion that he 
was chief proprietor and held absolute authority. 
That the prerogatives of the English barons attached 
to the manors, as he had defined them, and among these 
the right of dispensing justice in a rude but summary 
way, at variance with the advanced notions of those 
around him, nor consistent with their ideas of govern- 
ment as then understood. Their remedies were in 
other channels, and it is possible these courts only 
existed in the imagination of the Patroon, when he 
was seeking a device to perpetuate his name and 
estate to future generations. The leaven of continuity 
in landed titles had not lost its vitality, even when 
freed from all its restraints; and the palsied hand of 
the owner sought to keep alive the features of a sys- 
tem, the opposite of which he had labored so faithfully 
to establish, and whose good effect was already radi- 
ating across the ocean. No attractions for these 
ancient usages passed with the estates; hence no 
record of their continuance comes down to the present 
generation ; showing there was no intention to hinder 
the advancement and success of a government that 
assured to all equality before the law. 



87 

On the second day of the Third month, 1683, 
John Fenwick was returned as a member of the 
Colonial Assembly fjom the Salem tenth; but on ac- 
count of ill health, ^vhicli continued until his decease, 
he never sat as a member of that body. In this act 
is shown the complete absorption of the political rights 
and franchises, incident to the estate held in the ten 
lots, by the colonial authorities of West New Jersey, 
and wliicli a]>pears to have been brouglit about 
peacefully and for the evident good of all concerned. 
This end was foreshadowed in the previous signing 
of the concessions and agreements by very many of 
the land owners, who held their titles from Fenwick, 
and who had heretofore given their adherence to his 
government as estal)lished in 1()7'"), but joined their 
fortunes with tlio more numerous colony and made 
common cause in advancing religious and political 
equality; to be enjoyed by all who ventured across 
the sea and fixed tlieir homes within the limits of 
West New Jersey. 

Here terminated the first form of a representative 
government established by the people. Rude and ill- 
defined as it was, sufficient appears to show that only 
time and occasion were wanting to develope its several 
parts and secure to all, the blessings to be derived 
from like institutions. The government established by 
the owners of the ninety parts was like in substance, 
but yielded to the peoi)le no greater ])rivileges, nor 
more enlarged rights. This cannot but 1)0 interesting 
to those who care to trace the beginning of our 
present jKjlitical institutions, and -study tlie gradual 
but positive develoi)ment of a system that has its 
foundati(^n in the hearts of the ])eople; to discover 
that no retrograde step had been taken in the funda- 



mental doctrines of private or public rights, and that 
a jealous care had been exercised that none be 
infringed. 

The Patroon, in his manner of living, was more 
pretentious and aristocratic than any of his neighbors. 
His houses at Ivy Point and at Fenwick Grove were 
well appointed; proving that he had an eye to the 
creature comforts as well as to dignity and exclusiveness. 
The day had not come for wheeled carriages in the 
Salem tenth, but his stable included good saddle horses, 
with every thing complete for the equestrian. A 
favorite road animal, "Jack," he makes special 
mention of in his will, and puts him in care of his 
trusty servant, Mary White, "who I desire to take 
care of him and see that he be not wTonged as long 
as he liveth." His education as a cavalry officer in 
the army of the Commonwealth, now served him, 
and however much he may have wished to discard 
the memories of his fighting days, yet in the saddle 
his grace and confidence as a rider could but be 
noticed. The library of books at each place he 
regarded with much interest, and directed their pres- 
ervation after his decease; and touching his private 
papers he charges his executors with their care, and 
especially that they be not taken out of the colony. 
His agreement with the resident purchasers he washed 
to have religiously carried out and was anxious that 
his executors should see to the discharge of every 
obligation. His plantation at Fenwick Grove, had 
many attractions for him, it being several miles from 
Ivy Point, where he could enjoy his leisure and look 
after his farming interests. He was systematic in his 
business affairs and always knew from his accounts 
whether a matter in hand was profitable or otherwise. 



89 

For the day in whicli lie lived, his agricultural 
operations were extensive and yielded him a fair return. 
He does not appear to have had any slaves, but 
employed several persons about the estate, the whole 
being under his general superintendence. In the 
autumn of 1683, his health failing, he accepted an 
invitation from his favorite daughter, Ann, and placed 
himself under her care at Hedgefield; where he died 
in December of the same year. Her devotion to him 
remained the same through all the vicissitudes of his 
life, and with fdial affection she cared for him on his 
dying bed. 

Although in the depths of an American forest, and 
far from the land of his nativity, yet there were those 
around him in whose veins flowed his own blood, 
whose sympathies were enlisted for his welfare, but 
who were soon called upon to mourn his death. In 
him parsed away one of the most remarkable men of 
his day and generation. His early manhood was 
spent in the excitements and participations of a war 
that overthrew the government, and well nigh destroyed 
the nation ; while his middle life and latter days were 
occui)ied in an enlarged philanthropy to benefit his 
fellow man, by giving scope to his energies, with the 
certainty of reward to himself, and through him to 
his descendants; with the title of his land freed from 
the tenures of the feudal system, and without restraints, 
save those based in equity and good government. 

In relation to the iinal disposition of his remains, 
he requested in his will that they l)e interred at 
Fenwick Grove. F(jr some reason this was not 
complied with, as he was buried in ''^Sharp's family 
burying ground," long since abandoned for that use, 
and now nearlv lost siirht (»f". It is locatcfl near the 



90 

present Almshouse property, of Salem County, over- 
grown with briars, and known to but few as the last 
resting place of the founder of Fen wick Colony. 

Nearly two centuries have j^assed away, and not 
the rudest monument has been placed to show where 
his bones are laid. Generation after generation of his 
kin have neglected even to preserve a mound of earth 
to show his grave, and at this day "no man knoweth 
the place of his sepulchre." But a more enduring 
monument has survived him. His landed estate is 
covered with an industrious and happy people, in the 
enjoyment of free institutions, with no religious or 
political restraints; advancing in agriculture, commerce 
and manufactures, and participant in a degree of 
civilization that has no j^arallel in the world. 

In his will, which is a curious and characteristic 
document, and bears date the seventh day of August, 
1683, John Fenwick makes no mention of his wife, 
who was living in London at the time it was executed; 
and apj^ears to have had a separate estate which she 
used for her own comfort and convenience. This 
separation produced an indifference toward each other, 
which ended in a complete estrangement of feeling, 
and mutual disregard. Neither is there anything to 
show that she made claim on his estate or received 
from his executors or devisees any money arising 
therefrom. Nothing more is known of this relation, 
the lapse of time having obliterated every tradition 
in regard to it. 

The oldest daughter, Priscilla, was married to 
Edward Champneys, of Thornbury, Gloucestershire, 
joiner, at the house of John Curtis, in Heading, on 
the sixteenth day of February, 1671. The Patroon 
was evidently on bad terms with his son-in-law, and 



91 

ill his will leaves directions that lie have no cliarire 
of his children's estate as in his will devisec\ His 
first settlement was at Alloways Creek, but in a short 
time he removed to Salem and erected a dwellins: 
near that of his fother-in-Iaw, at a place he called 
Blanford Grove, and where his occupation was that 
of "Barber and Chirurgeon," having abandoned the 
making of furniture and turned his attention to 
shaving and phlebotomy. The house was standing 
within the last fifty years, as was also that of the 
Patroon at Ivy Point. 

Priscilla died before her father, leaving two children, 
John and Mary, both of wdiom were born in England. 
They were regarded by their grandfather W'ith much 
interest, and care was taken by him that they should 
have their full share of his estate, and so secured that 
they alone should enjoy it. 

Edward Champneys married the second time, by 
which marriage there was one child, James, who grew 
to manhood and married. Edward Champneys died 
without a will, in 170(). 

The name, for want of male issue, in a few gener- 
ations was lost sight of in Salem county, although the 
blood may be traced through some female descendants. 

Elizabeth, the second daughter, married John 
Adams, of Reading, Berkshire, weaver, and had live 
children, Elizabeth, Fenwick, Mary, Walter and Ann. 
The first three were born in En<i;laH(l and the last 
two at New Salem. 

John Adams had not the confidence of the Patroon, 
from some cause unexplained ; and neither did his son 
Fenwick meet the a|»pi(»bation of his grandfather in 
his walk and conversation; evidenced by several 
expressions in his will. At that time he was about 



92 

seventeen years of age and had, perhaps, developed 
some traits of character not to the liking of the 
Patroon, who thought best to place some guard around 
the estate he was about to devise him. 

The conduct of Elizabeth, the oldest child of the 
daughter Elizabeth, was a source of grief and morti- 
fication to her family, and doubtless did much to 
carry the gray hairs of her grandfather in sorrow to 
the grave. He does not disguise the sense of shame 
that hangs over him, from her course of life, and 
strives to make her understand his displeasure by 
depriving her of any part of his property, immediate 
or j^rosj^ective, but on certain conditions. It is possi- 
ble that Elizabeth also died before her father, as her 
name is not mentioned in his will, and the devises 
therein made are to her children directly; an inference 
that would naturally follow the reading. The de- 
scendants of this branch of the family are more 
numerous than of either of the other daughters. 

The youngest daughter, Ann, married Samuel 
Hedge, in the spring of 1676, and soon after their 
arrival in New Jersey. These young people had 
*' plighted their troth" before the expedition left 
England, and Samuel, determining that the broad 
ocean should not separate them, took passage in the 
good ship Griffith, thus making the voyage for his 
affianced and himself much less ,tedious and dreary. 
This was a fortunate conclusion on his part and 
produced excellent results, as he became a favorite of 
the Patroon, and so remained through all the troubles 
of the colony. By this marriage there appears to 
have been but one child, Samuel, who was also 
specially cared for by his grandfather in the dispo- 
sition of the broad acres of his domain. 



93 

Samuel Hedge, Jr , (generally known as iSamuel 
Hedge the third), died in 1708, leaving a will, and 
before his father. His widow, Rebecca, and the 
following-named children, survived him; Samuel, 
Fenwick, William, Nathan and John, all minors. 
This branch of the family was limited, although the 
blood may be traced in many of the genealogies in 
AVest New Jersey. 

It was no doubt a regret on the part of John 
Fenwick that no son of his survived him; that his 
blood in the male line ceased to flow when his own 
life was ended; and although his estate did not pass 
to his collateral descendants, yet he knew that im- 
mediately upon his decease his name would have no 
continuance. He could reflect with pride upon a long 
line of ancestors whose name he bore, and who were 
so honorably and so intimately connected with the 
great events of his native land. He could discover 
in his own life that he would not be altogether for- 
gotten when the history of his adopted country should 
be written; and although his course of conduct might 
not be understood by many of his contemporaries, yet 
he was assured that the impress of his purposes and 
acts, would eventually |)rove a blessing to those 
coming after him. It was an excusable ambition that 
he should wish to perpetuate his name in connection 
with a favorite and successful adventure; that a child 
in the male line should survive him; and so for 
generations combine the name and blood among tho^e 
whose ancestors were his associates in the be<»;innin2:. 

The social and l)usiness intimacy existing between 
William Penn and John Fenwick is a striking feature 
in the lives of these men. Their religious views 
doubtless brought tliein iiiuch together, and their 



94 

various business relations increased their knowledge 
of each other as they advanced in years. In financial 
matters it may be safe to say that the Governor of 
the Salem tenth was always the debtor; but Penn 
took no advantage of his position, and remained a 
friend when nearly all others had deserted him. The 
decision in the Fenwick and Byllynge dispute weak- 
ened the regard for each other for a season, but the 
second sober thought swept away all animosities and 
found them as before the difficulty. Had any sus- 
picion of ill feeling toward William Penn lurked in 
his mind, the reading of his will would banish it 
forever. His request for him to act as one of the 
executors and take control of the persons and 
estates of his grandchildren, was a degree of confi- 
dence but seldom shown by one man toward another. 
Their interest in the colonies in America, who alike 
ventured everything for their success, was not one 
of rivalry, but regarded as common, and made 
their intercourse more frequent and their friend- 
ship more lasting. Perhaps no greater difference 
could exist in the disposition and temper of two 
individuals. The one, prudent in the use of language, 
slow to arrive at conclusions, always ready to admit 
an error of judgment, attractive in his conversation, 
and winning the confidence of his associates. The 
other, of quick perception and ingenuous of speech, 
liastv iu his decisions and stubborn of opinion, 
estranged many of his friends and left room for 
prejudice and misrepresentation. There was a simili- 
tude in the trials and vexations that attended them 
in their efforts to advance the settlement of their 
lands. Uneasy spirits found their way among those 
interested in the soil, and by plausible pretexts created 
trouble and dissatisfaction. 



05 

The best of inotive's and the })urcst of intentions 
were too often construed into selfish purposes, and no 
ex})lanation coukl destroy the feeling of opposition or 
silence the voice of al)use. Knowing that any great 
departure from the policy first adopted would much 
endanger their interests and weaken their claims, it 
was natural that suspicion should be aroused and 
the new policy objected to. The control of affairs 
gradually passed to other hands, and the founders of 
the colonies were without remedy, either in tlie courts 
or before the people. It was left for other generations 
to do them justice, after the influence of political 
rivals had passed away, and the demands of importu- 
nate creditors satisfied; the energy and enterprise of 
tlie people brought about the advantages and blessings 
sought to be developed from the beginning. The 
founder of the Salem Colony died, however, before 
much progress had been made in the settlement of 
New Jersey; l)ut the tide of emigration set in upon 
its shores and each succeeding year showed an increase 
of population. 

Through the vari(jus changes that have occurred 
since the covenants for a representative government 
were signed by the Adventurers into the Salem tenth, 
these covenants have always been regarded by the 
people, and the memory of the Adventurers cherished. 



1 


^ -""^^^^ 




M 






^S 


M 


1 




^y 





u 



3^rier\d 



> 



It would seem that an} 
disregarded b}' the masse?, as 
seeks reverently to uplift th( 
our present life is but the " 
back into the dim cloud land 
men have been linked togeth( 
ened by the thought, that th 
experience of its predecessor-, 
grand panorama of events, th 
the vast domain of enquiry, 
the world, struggling onward 
the Creator.C' 

Impressed by these solera 
era in the march of Christian 
tion, to trace out the service Q 
its influence has been leaveni 
proportionate to the fidelity o 
attested in the present general 
tional disputes I)y arbitratioi 
numbers; in the appeals made 



m 



AN APPEAL. 

swika n;v*ir.'iilly til iiiJlift tdi.- vc'il wiiirli .■oii.-,.,il« il,,. ,,.,.,1 i,„, i,," „..',"" '''!'."'■'' '"■ '" '"'■'■'""^ "' '■'■'irenK-nt, 



i»'rrti;':;ti:^r:^Mi::z:'i^t::s!!i;:r,™!i'^^^^°'^^ ..»»*.«„ .„p„.« 



nrf by n f™ inl..rM^,i, ,„ „r..,„i„ ,|,^ „,„„,,, 






lliu AfsociniiDii, 



. .1., I.i.,.,ry „r 
1' Cbe offjcvre uf 



f 'rJl y/ ^iji. Wm. .1, .Iran., Preidoli No. IM X, ;li 

)n^/ff//r//Ot,f^<r/< 6AM'..I'*„„„„,v.P„j.,N..US0l,. 



\. E. Jassky, Si-c't A Trwis., No, 



I 



•^iAm 3 ijt .J 



I 



I 



r 






I 



